IV  V  , 


MARYLAND  GEOLOGICAL  SURVEY. 

WM.  BULLOCK  CLARK,  State  Geologist. 

PUBLIC  GENERAL 

AND 

PUBLIC  LOCAL 

LAWS  OF  MARYLAND 

RELATING  TO  ' 


HIGHWAYS. 


Compiled  from 


The  Code  of  1888  and  the  Laws  of  Maryland 
for  1890,  1892,  1894,  1896  and  1898. 


(Special  Publication.) 


THE  JOHNS  HOPKINS  PRESS, 
Baltimore,  December,  1899. 


LAWS  OF  MARYLAND 

RELATING  TO 

HIGHWAYS 


!;;■  LIBRARY  OF  THE 
DEO  2  3 192ft 

UNIVERSITY  OF  ILLINOIS 


The  laws  reprinted  in  the  following  pages  include  all  of  the  statutory 
enactments  relating  to  roads  which  are  of  general  interest.  These  laws 
have  been  taken  from  the  Code  of  1888,  where  that  is  still  in  force,  and  the 
later  enactments  from  the  Laws  of  1890,  1892,  1894,  1896,  and  1898. 

The  references  at  the  beginning  of  each  section  give  the  Code  by  article 
and  section,  or  the  enactment  by  date  and  chapter  of  the  original  act.  The 
grouping  is  as  follows: 

Public  General  Laws. 

General  provisions. 

Bridges. 

Public  roads. 

Private  roads. 

Companies  for  the  erection  of  bridges. 

Kailroad  companies 

Turnpike,  plank  road  and  passenger  railway  companies. 

Highway  investigation. 

Public  Local  Laws. 

Allegany  county. 

Anne  Arundel  county,  etc. 

The  laws  regarding  the  policing  of  roads  and  the  granting  of  powers  to 
companies  for  the  construction  of  special  turnpikes,  bridges  or  passenger 
railways,  those  relating  to  individual  roads,  the  distribution  of  the  road-tax 
to  the  towns  and  villages  and  the  maintenance  of  village  streets  are  of  such 
local  interest  that  they  have  been  omitted. 


LAWS  OF  MARYLAND  RELATING  TO  HIGHWAYS 


Public  General  Laws. 

(1888),  art.  25.  County  Commissioners. 

GENERAL  PROVISIONS. 

(1860),  art.  28,  sec.  1.  1874,  ch.  411. 

1.  The  county  commissioners  of  each  county  in  this  State  are  declared  to  be  a  Road  supervisors 
corporation,  and  shall  have  full  power  to  appoint  judges  of  election,  road  supervisors, 
collectors  of  taxes,  trustees  of  the  poor,  a  clerk  to  their  board,  and  all  other  officers, 
agents,  and  servants  required  for  county  purposes,  not  otherwise  provided  for  by 
law  or  by  the  constitution,  and  they  shall  have  charge  of  and  control  over  the 
property  owned  by  the  county,  and  over  county  roads  and  bridges,  and  wherever  in 
their  opinion  the  public  interests  require  or  will  be  thereby  advanced,  may  commit 
the  whole  matter  of  grading  and  constructing  public  roads,  and  the  repairs  thereof, 
and  the  construction  and  repairs  of  public  bridges,  to  the  charge  of  competent  and 
scientifically  educated  civil  engineers,  who  shall  direct  and  manage  all  such  public 
works  under  the  immediate  control  of  said  county  commissioners,  and  who  shall 
hold  office  for  such  time,  with  such  salary,  under  such  bond  and  subject  to  such 
regulations  as  may  be  directed  by  the  said  county  commissioners  from  time  to  time, 
and  calculated  to  secure  competent  officers,  and  a  faithful  discharge  of  duty;  ... 

1888,  ch.  467. 

2.  They  shall  also,  in  their  respective  counties,  have  control  over  all  the  public  County  commis- 
roads,  streets  and  alleys,  except  in  incorporated  towns  in  their  respective  counties  sioners  have  control 
and  make  such  rules  and  regulations  for  repairing,  cleaning,  mending  and  perfecting  of  the  roads- 
the  same,  and  providing  for  the  payment  of  the  cost  of  the  same,  as  they  may  deem 
necessary;  they  may  make  all  necessary  rules  and  regulations  for  the  erection  and 
removal  of  gates  and  fences  across  or  obstructing  the  public  highways  in  their 
respective  counties. 


(1860),  art.  28,  sec.  10.  1853,  ch.  220,  sec.  1. 

12.  They  shall  have  power  to  open,  alter  or  close  any  public  road 
their  respective  counties. 


or  roads  in  Change  of  roads. 


Ibid.  sec. 

13.  They  may  build  and  repair 
therefor. 


11.  1856,  ch.  308,  sec.  1. 

bridges,  and  levy  upon  the  property  of  the  county  Bridges. 


BRIDGES. 


(1860),  art.  28,  sec.  47.  1856,  ch.  308,  sec.  2. 

i9.  All  applications  for  building  and  repairing  bridges  shall  be  made  by  petition  to 
the  county  commissioners. 


Petition. 


Ibid.  sec.  48.  1856,  ch.  308,  sec.  2. 

20.  When  any  person  intends  to  apply  for  building  or  repairing  any  bridge 
give  notice  in  the  same  manner  and  for  the  same  length  of  time  prescribed  for 
tions  for  opening  roads;  and  the  county  commissioners,  when  they  have  heard 


he  shall 
applica- 
the  rea- 


Notice  of  petition. 


807758- 


4 


THE  ROAD-LAWS  OF  MARYLAND 


Tax  levy. 


Method  of  repairing 
by  contract. 


Opening  of  bids. 


Inspection 
of  work. 


Final  payment. 


Conference  with 
Commissioners  of 
adjoining  county. 


Examiners. 


Examination,  esti¬ 
mate  and  report. 


Request  for 
proposals. 


sons  and  evidences  for  and  against  the  application,  shall  determine  the  case  as  in  their 
judgment  will  best  promote  the  public  convenience. 

(1860),  art.  28,  sec.  49.  1856,  ch.  308,  sec.  3. 

21.  Whenever  the  county  commissioners  shall  have  determined  to  build  or  repair  a 
bridge,  they  shall,  at  their  usual  time  for  levying  taxes,  levy  on  the  assessable  property 
of  the  county  a  sum  sufficient  to  pay  for  the  bridge  and  its  embankments  and  abutments. 

Ibid.  sec.  50.  1856,  ch.  308,  sec:  4.  1884,  ch.  114. 

22.  All  bridges  shall  be  built  or  repaired  by  contract;  and  the  county  commissioners 
shall  advertise  in  one  or  more  newspapers,  and  if  there  be  no  newspaper  published  in  the 
county  or  counties,  then  by  such  public  notice  as  they  may  deem  most  advisable,  setting 
forth  the  place  where  said  bridge  is  to  be  built  or  repaired,  with  full  specifications  of 
the  plan  and  materials,  and  that  sealed  proposals  for  building  or  repairing  said  bridge 
will  be  received  until  a  day  named  in  the  advertisements;  provided,  however,  that 
nothing  herein  shall  apply  to  the  building  of  bridges,  the  two  hundred  dollars,  nor  to 
repairs  of  existing  bridges,  where  the  cost  of  said  repairs  shall  not  exceed  that  sum; 
and  in  all  cases  where  such  cost  of  building  or  repairing  shall  not  exceed  said  sum  of 
two  hundred  dollars,  the  manner  of  providing  for  such  work,  and  whether  the  same  shall 
be  done  by  contract  or  otherwise,  and  if  by  contract,  the  manner  of  letting  the  same 
shall  be  in  the  discretion  of  the  county  commissioners. 

Ibid.  sec.  51.  1856,  ch.  308,  sec.  4. 

23.  On  the  day  named  in  such  advertisement  the  proposals  shall  be  opened,  and  the 
contract  awarded  to  the  lowest  bidder,  who  in  the  opinion  of  the  county  commissioners 
shall  be  qualified  to  build  or  repair  the  bridge;  and  the  contractor  shall  be  required  to 
enter  into  bond  with  approved  security,  in  double  the  amount  of  the  contract,  condi¬ 
tioned  for  its  faithful  performance. 

Ibid.  sec.  52.  1856,  ch.  308,  sec.  5. 

24.  When  a  contractor  shall  notify  the  county  commissioners  that  the  bridge  is 
finished,  they  shall  inspect  the  work,  and  if  in  their  judgment  it  has  been  constructed 
according  to  the  contract  and  specification,  they  shall  take  the  same  from  the  hands  of 
the  contractor  and  open  it  for  public  travel,  and  then,  and  not  before,  the  contractor 
shall  be  entitled  to  receive  the  last  instalment  due  thereon. 

Ibid.  sec.  53.  1856,  ch.  308,  sec.  6. 

25.  If,  upon  petition  in  writing  of  any  citizen  or  citizens  of  any  county,  to  the 
county  commissioners,  praying  for  a  bridge  to  be  built  or  repaired,  over  any  stream  or 
place  dividing  two  adjoining  counties,  the  said  county  commissioners  shall  deem  the 
prayer  of  the'  petition  reasonable,  they  shall,  by  message  in  writing,  ask  the  concurrence 
of  the  last-named  county  commissioners,  the  county  commissioners  of  each  county  shall 
appoint  three  disinterested  and  discreet  examiners,  and  each  shall  notify  the  other  of 
such  appointment. 

County  Commissioners  of  Prince  George’s  County  v.  Commissioners  of  Laurel,  51 
Md.  463. 

Ibid.  sec.  54.  1856,  ch.  308,  sec.  6. 

26.  The  said  examiners  shall,  with  all  convenient  dispatch,  meet  and  examine,  and 
determine  as  to  the  expediency  of  building  or  repairing  the  bridge,  the  place  where,  the 
plan,  material  and  the  relative  portion  of  the  cost  of  the  adjoining  counties  should  pay, 
and  estimate  the  whole  cost,  and  report  their  opinion  and  all  other  proceedings  to  their 
respective  county  commissioners. 

Ibid.  sec.  55.  1856,  ch.  308,  sec.  6. 

27.  If  the  said  report  be  approved,  and  a  bridge  be  reported  as  proper  and  expedient 
to  be  built  or  repaired,  the  said  several  county  commissioners  shall  direct  the  examiners 
to  advertise  for  sealed  proposals  to  build  or  repair  such  bridge  as  in  their  report  may 
be  mentioned,  stating  the  place,  plan,  material  and  workmanship,  with  sufficient  cer¬ 
tainty  for  the  purpose  of  obtaining  proper  proposals  for  the  same,  and  the  time  and 
place  when  such  proposals  will  be  opened. 


MARYLAND  GEOLOGICAL  SURVEY 


5 


(1860),  art.  28,  sec.  56.  1856,  ch.  308,  sec.  6. 

28.  At  the  time  and  place  named  in  such  notice,  the  examiners  shall  meet  and  open 
such  proposals,  and  shall  award  the  work  to  the  lowest  bidder,  all  things  being  con¬ 
sidered,  who  shall  thereupon  enter  into  a  contract  with  said  examiners,  and  give  bond 
with  security  by  them  approved,  in  a  penalty  double  the  amount  of  the  price  of  the 
work,  for  the  faithful  performance  of  said  work. 

Ibid.  sec.  57.  1856,  ch.  308,  sec.  6. 

29.  The  examiners,  during  the  progress  of  the  work  and  up  to  its  completion,  shall 
at  any  time  have  full  authority  to  examine  and  direct  the  same,  and  when  completed 
shall  receive  the  same  and  open  it  for  public  use,  and  notify  the  commissioners  of  their 
respective  counties  thereof;  and  the  said  commissioners  shall  thereupon  pay  or  levy  for 
their  respective  proportions  of  the  cost  of  the  said  work  according  to  the  contract. 

Ibid.  sec.  58.  1856,  ch.  308,  sec.  7. 

30.  If  the  examiners  on  the  part  of  adjoining  counties  cannot  agree  as  to  the 
relative  amount  each  county  shall  pay  of  the  cost  and  expense  of  building  or  repairing 
any  bridge,  they,  or  a  majority  of  them  on  the  part  of  each  county,  shall  each  appoint 
an  arbitrator  to  determine  the  matter  in  dispute;  and  if  the  arbitrators  cannot  agree, 
they  shall  appoint  an  umpire,  who  shall  not  be  a  resident  of  either  county,  and  the 
award  and  determination  of  the  arbitrators  or  umpire  shall  be  final  and  conclusive  in 
the  matter  submitted. 

Ibid  sec.  59.  1856,  ch.  308,  sec.  8. 

31.  Nothing  contained  in  this  article  shall  authorize  any  county  commissioners  to 
build,  or  order  to  be  built,  any  draw-bridge  or  any  bridge  across  a  navigable  river. 

Ibid.  sec.  60.  1856,  ch.  308,  sec.  9. 

32.  In  all  cases,  upon  representation  in  writing  of  any  citizen  or  citizens  of  any 
county  in  which  the  county  commissioners  may  determine  to  build  or  repair  any  bridge, 
or  unite  with  an  adjoining  county  to  build  or  repair  any  bridge  between  the  said  adjoin¬ 
ing  counties,  filed  before  a  contract  for  building  or  repairing  has  been  made,  that  the 
said  determination  of  the  county  commissioners  is  inexpedient,  and  desiring  an  appeal 
from  such  determination,  the  county  commissioners  shall  grant  such  appeal  and  cease 
all  further  proceedings  until  the  appeal  is  decided  by  the  circuit  court  for  the  county. 

Ibid.  sec.  61.  1856,  ch.  308,  sec.  9. 

33.  Upon  such  appeal  being  taken,  the  county  commissioners  shall  immediately 
cause  to  be  filed  with  the  clerk  of  the  circuit  court  all  records,  acts,  papers  and  pro¬ 
ceedings,  or  copies  thereof,  which  may  be  required  by  the  appellant,  with  full  oppor¬ 
tunity  for  him  or  his  counsel  to  examine  the  books  and  papers  of  the  commissioners 
relative  to  the  matter;  and  thereupon  the  circuit  court  shall  proceed  to  try  and  deter¬ 
mine  the  matter  according  to  justice  and  right,  with  or  without  the  aid  of  a  jury,  as 
the  parties  may  agree  or  the  court  may  order. 

Ibid.  sec.  62.  1856,  ch.  308,  sec.  9. 

34.  In  all  cases  where  the  appeal  is  not  sustained  the  appellant  shall  pay  the  costs, 
and  in  all  other  cases  the  court  shall  direct  the  costs  to  be  paid  in  such  manner  and 
by  such  party  as  it  may  deem  equitable  and  just;  and  the  county  commissioners  shall 
be  the  appellee  in  such  appeal,  and  shall  levy  as  part  of  the  county  charges,  and  pay 
whatever  costs  and  charges  are  so  ordered  to  be  paid  by  them,  and  all  incidental 
expenses  not  therein  provided  for. 

1890,  ch.  483. 

[1.]  The  county  commissioners  of  Queen  Anne’s  county,  and  the  county  commis¬ 
sioners  of  Kent  county,  a  majority  of  each  board  of  said  commissioners  concurring, 
shall  have  full  power  and  authority  to  make  reasonable  rules  and  regulations  for  the 
use,  by  the  public,  of  all  bridges  which  are  the  joint  property  of  the  said  counties  of 
Kent  and  Queen  Anne’s,  and  for  the  protection  of  said  bridges  and  other  prop- 


Bridges  over 
navigable  waters. 


Opening  of  bridge. 


Appointment  of 
arbitrators. 


Navigable  waters. 


Protest  against 
bridge. 


Record  ajjd  trial 
of  appeal. 


Costs  of  appeal, 
by  whom  paid. 


To  make  rules. 


6 


THE  ROAD-LAWS  OF  MARYLAND 


erty  belonging  thereto  or  therewith,  and  to  enforce  the  observance  of  said  rules  and 
regulations  thus  made,  by  imposing  upon  the  party  violating  said  rules  and  regulations, 
any  reasonable  fine,  not  exceeding  ten  dollars  for  any  violation  of  said  rules  and  regu¬ 
lations,  which  fines  shall  be  collected  as  small  debts  are  now  collected,  and  shall  be 
recovered  in  the  name  of  the  county  commissioners  of  said  counties  before  any  justice 
of  the  peace  of  said  counties  in  which  the  party  violating  such  rules  and  regulations 
Fines,  shall  be  fined,  and  on  failure  or  refusal  to  pay  any  fine  imposed  under  this  law,  or 
inability  to  collect  the  same  by  legal  process,  the  party  so  fined  may  be  confined  to  the 
county  jail  of  the  county  for  a  period  not  exceeding  ten  days,  in  the  same  manner  as 
commitments  are  made  for  fines  imposed  by  the  circuit  courts  of  this  State  on  convic¬ 
tions  for  misdemeanors,  and  the  justices  of  the  peace  shall  make  this  a  part  of  his 
judgment,  and  said  fines  shall  be  applied  to  the  keeping  of  said  bridges  in  repair. 

PUBLIC  ROADS. 

(1860),  art.  28,  sec.  12.  1853,  ch.  220,  sec.  2. 

Application.  33.  ^11  applications  for  opening,  altering  or  closing  roads,  shall  be  by  petition  to 
the  county  commissioners. 

Ibid.  sec.  13.  1853,  ch.  220,  sec.  2. 

Notice  to  change  84.  Whenever  any  citizen  of  any  county  intends  to  petition  the  county  commis¬ 
sioners  for  opening,  altering  or  closing  any  road,  he  shall  give  thirty  days’  notice 
thereof  in  one  or  more  of  the  newspapers  published  in  the  county;  and  if  no  news¬ 
paper  be  published  in  the  county,  he  shall  give  public  notice  of  such  intention  by 
setting  up  a  notice  at  the  court-house  door,  and  at  three  public  places  in  the  election 
district  in  which  it  is  proposed  to  open,  close  or  alter  the  road,  for  at  least  thirty  days. 

Ibid.  sec.  14.  1853,  ch.  220,  sec.  2. 

Counter  petitions.  85.  Counter  petitions  may  be  presented  to  the  county  commissioners,  and  when 
they  are,  the  county  commissioners  shall  take  into  consideration  the  reasons  contained 
in  the  counter  petition,  and  such  other  testimony  as  may  come  before  them,  and 
determine  the  case  as  in  their  opinion  shall  seem  right  and  proper. 

Ibid.  sec.  15.  1853,  ch.  220,  sec.  3.  1884,  ch.  364. 

Right  of  way.  86.1  Whenever  the  county  commissioners  shall  decide  that  it  is  expedient  that  a 
road  be  opened  as  provided  in  the  preceding  section,  they  may  contract  with  the 
owner  or  owners  of  the  land  through  which  the  said  road  is  intended  to  run,  for 
the  right  of  way  over  the  land  necessary  for  said  read,  if  he,  she  or  they  be  com¬ 
petent  to  contract;  and  in  case  the  said  county  commissioners  shall  so  contract, 
they  shall  cause  a  plat  of  the  said  road  to  be  made,  by  a  competent  surveyor, 
and  filed  and  recorded  in  the  office  of  the  clerk  of  the  circuit  court  for  the  county 
in  which  the  deed  or  deeds  conveying  the  said  lands  are  required  to  be  recorded,  which 
said  plat  shall  be  referred  to  in,  and  shall  be  a  part  of,  said  deed  or  deeds;  and  the 
land  so  conveyed  shall  be  and  become  thenceforth  the  property  of  the  county,  in  the 
same  manner  and  to  the  same  extent  as  other  county  roads,  and  no  further,  subject  to 
the  public  rights  of  way  over  the  same;  and  it  shall  be  lawful  for  the  said  county 
commissioners  of  any  county  so  to  contract  for  land  for  a  public  wharf,  drains  for 
county  roads  or  other  public  use  or  uses,  which  said  land  shall  be  the  property  of 
said  county,  subject  to  said  use  or  uses;  and  whenever  the  county  commissioners  shall 
deem  it  expedient  that  examiners  should  be  appointed  to  view  the  grounds  for  the 
purpose  of  opening,  altering  or  closing  a  road,  they  shall  appoint  three  persons  as 
Examiners,  examiners,  who  shall  be  freeholders  in  the  county,  and  not  interested  in  or  holding 
lands  through  which  the  road  is  proposed  to  be  opened,  altered  or  closed;  but  the 
appointment  of  examiners  shall  not  prevent  the  said  county  commissioners,  at  any 
time  thereafter,  from  contracting  with  the  owner  or  owners,  as  above  provided;  and 
the  county  commissioners  of  any  county  are  authorized,  when  the  county  roads 

1  Sections  86-90  do  not  apply  to  Frederick  county;  they  are  replaced  by  Public 
Local  Laws,  art.  XI,  sections  95  A-95  F. 


MARYLAND  GEOLOGICAL  SURVEY 


7 


cannot  be  conveniently  drained  by  drains  along  the  said  county  roads,  to  make  the  Drainage, 
same  upon  the  property  outside  the  limits  thereof;  and  they  shall  contract  for  the 
lands  that  may  be  required  for  that  purpose,  as  above  provided,  or  they  may  proceed 
to  condemn  the  lands  that  may  be  necessary  for  the  purpose  under  the  provisions  of 
sections  248  to  253,  both  inclusive,  article  23,  Title,  Corporations. 

(1860),  art.  28,  sec.  16.  1853,  ch.  220,  sec.  4. 

87.  The  said  examiners,  before  they  proceed  to  act  as  such,  shall  take  an  oath  Examiners’  oath, 
to  execute  the  trust  reposed  in  them  by  the  commission  to  them  issued,  faithfully  and 
without  favor,  affection  or  partiality;  which  oath  shall  be  endorsed  on  the  commission 
and  returned  therewith. 


Ibid.  sec.  17.  1853,  ch.  220,  sec.  3. 

88.  They,  or  the  majority  of  them,  after  giving  thirty  days’  notice  in  the  manner  Meeting  of  the 
hereinbefore  prescribed,  shall  meet  on  the  premises  and  proceed  to  examine  and  examiners, 
determine  whether  the  public  convenience  requires  that  the  road  should  be  opened, 

altered  or  closed,  as  the  case  may  be. 

Ibid.  sec.  18.  1853,  ch.  220,  sec.  3. 

89.  If  the  application  be  for  opening  or  altering  a  road,  they  shall  proceed  to  Report  of  the 
locate  the  same  in  such  manner  as  will,  in  their  judgment,  best  promote  the  public  examiners, 
convenience,  and  shall  cause  a  plot  of  the  same,  and  also  of  the  old  road,  where  the 
application  is  to  alter  or  close  a  road,  to  be  made  out,  and  shall  return  the  same, 

together  with  a  full  report  of  their  proceedings,  under  their  hands,  to  the  county 
commissioners,  with  the  reasons  on  which  their  opinions  are  founded. 

Ibid.  sec.  19.  1853,  ch.  220,  sec.  3. 

90.  If  they  shall  be  of  opinion  that  the  road  ought  not  to  be  opened,  altered  or  Adverse  report, 
shut  up,  they  shall  report  their  opinion  to  the  county  commissioners,  together  with 

the  reasons  on  which  it  is  founded. 

Ibid.  sec.  20.  1853,  ch.  220,  sec.  5.  1874,  ch.  423.  1876,  ch.  184.  1878,  ch.  286. 

91.  No  public  road  shall  be  opened  or  altered  so  as  to  pass  through  the  buildings,  Roads,  through 
gardens,  yards,  or  burial  grounds  of  any  person,  without  the  consent  of  the  owner  gardens,  etc. 
thereof  in  writing.  This  section  not  to  apply  to  Baltimore  county  and  Washington 

county. 

Ibid.  sec.  21.  1853,  ch.  220,  sec.  11. 

92.  All  roads  opened  under  the  provisions  of  this  article  shall  be  at  least  thirty  Width  of  roads, 
feet  wide,  and  when  opened  and  sufficiently  cleared,  shall  be  public  roads.1 

Ibid.  sec.  22.  1853,  ch.  220,  sec.  7. 

93.  The  examiners,  or  a  majority  of  them,  shall  value  and  ascertain  the  damages  Award  of  damages, 
that  may  be  sustained  by  each  person  through  whose  lands  the  road  may  pass,  if  the 

application  shall  be  for  opening  or  altering  a  road,  by  opening  or  altering  the  same, 
taking  into  consideration  the  advantages  and  disadvantages  of  the  same,  if  any;  and 
they  shall  make  such  ascertainment  a  part  of  their  return  to  the  county  commis¬ 
sioners,  and  the  same,  with  the  rest  of  their  proceedings  shall  be  subject  to  the 
ratification,  rejection  or  alteration  of  the  county  commissioners,  in  such  manner  as 
in  their  judgment  shall  be  just. 

Ibid.  sec.  23.  1853,  ch.  220,  sec.  8. 

94.  The  county  commissioners  shall  determine  whether  the  damages  adjudged  Payment  of 

by  the  examiners  shall  be  paid  by  the  persons  petitioning  for  the  road  or  levied  on  damages,  by  whom 
the  county,  or  may  direct  that  the  same  be  paid  by  the  petitioners  and  the  county,  ma  e' 
in  such  proportion  as  they  may  deem  just. 

1  Talbot  county  is  excepted  from  the  provisions  of  this  act  by  an  amendment  passed 
1S90,  chap.  482.  This  is  given  under  Talbot  county. 


8 


THE  ROAD-LAWS  OF  MARYLAND 


To  whom  any 
damages  should 
be  paid. 


Petitioners  some¬ 
times  liable  for 
the  damages. 


Commissioners’ 
judgment  on  the 
examiners’  report. 


Compensation  of 
examiners. 


Levy  for  altering 
or  opening  roads. 


Privilege  of  road 
connection. 


Examiners. 


Width  of  roads. 


(1860),  art.  28,  sec.  24.  1853,  ch.  220,  sec.  9. 

95.  The  damages  shall  in  all  cases  be  paid  to  the  respective  parties  or  their 
guardians,  agents  or  attorneys,  before  the  road  shall  be  opened;  and  in  case  of  the 
death  of  any  of  the  parties  concerned,  after  the  valuation  made  by  the  examiners, 
or  a  majority  of  them,  the  damages  finally  adjudged  to  him  or  them  shall  be  paid 
to  his  or  their  personal  representatives. 

Ibid.  sec.  25.  1853,  ch.  220,  sec.  9.  1880,  ch.  477. 

96.  The  signing  of  any  petition  presented  to  the  county  commissioners  for  opening, 
altering  or  closing  a  public  road,  shall  not  make  any  petitioner  liable  for  the  payment 
of  any  part  of  the  damages  adjudged  by  the  county  commissioners;  but  the  county 
commissioners  may,  in  their  discretion,  give  judgment  against  the  petitioners  for  the 
costs  incurred  by  any  person  defending  against  the  claim  of  the  petitioners,  when 
the  case  shall  be  decided  in  favor  of  such  defendant;  and  the  petitioners,  as  aforesaid, 
shall  at  all  times  be  held  responsible  for  and  shall  pay  to  the  several  persons  entitled 
to  receive  the  same,  all  costs  and  expenses  of  every  kind  incurred  by  and  through 
any  proceedings  held  and  taken  in  accordance  with  the  provisions  of  this  article,  in 
relation  to  public  roads,  whenever  the  county  commissioners  shall  refuse  to  order 
the  opening,  altering  or  closing  of  the  road  as  petitioned  for. 

Ibid.  sec.  26.  1853,  ch.  220,  sec.  6. 

97.  If  no  objection  be  made  to  the  return  of  the  examiners  at  the  meeting  of  the 
county  commissioners  next  succeeding  the  meeting  at  which  said  return  shall  be  made, 
the  county  commissioners  may  proceed  to  pass  judgment  thereon,  and  affirm  or 
reject  the  same,  or  order  it  to  be  amended,  in  their  discretion,  or  may  continue  over 
the  proceedings  to  their  next  meeting,  and  so  on  from  time  to  time,  so  long  as 
they  may  think  proper. 


Ibid.  sec.  27.  1853,  ch.  220,  sec.  12. 

98.  The  examiners  shall  be  entitled  to  a  compensation  for  their  services  and 
attendance  not  exceeding  two  dollars  a  day,  to  be  ascertained  by  the  county  com¬ 
missioners,  which,  with  all  charges  arising  from  the  survey  or  attendance  of  witnesses 
or  other  expenses,  shall,  in  the  discretion  of  the  county  commissioners,  be  paid  by 
the  petitioners,  or  levied,  collected  and  paid  by  the  county,  or  apportioned  between 
the  petitioners  and  the  county,  as  heretofore  directed. 

Ibid.  sec.  28.  1853,  ch.  220,  sec.  10. 

99.  In  all  cases  where  the  county  commissioners  shall  adjudge  that  a  road  be 
opened  or  altered,  they  shall,  at  the  usual  time  for  levying  taxes,  levy  on  the  assessable 
property  of  the  county  a  sum  sufficient  to  open  or  alter  said  road,  and  also  sufficient 
to  pay  the  damages  awarded,  if  it  shall  have  been  adjudged  that  the  damages  be 
paid  by  the  county,  or  such  proportion  of  the  said  sums  as  shall  have  been  adjudged 
to  be  paid  by  the  county;  and  it  shall  be  the  duty  of  the  county  commissioners  to 
open  or  alter  the  road  as  soon  as  it  can  conveniently  be  done. 

PRIVATE  ROADS. 

((I860),  art.  28,  sec.  29.  1834,  ch.  253,  sec.  1. 

100.  Any  owner  of  any  lands  in  this  State  has  the  right  to  a  road  and  way  to 
and  from  his  land  to  places  of  public  worship  and  mills,  market  towns,  public 
ferries  and  court-houses,  and  may  obtain  a  private  road  or  way  by  application  to 
the  county  commissioners. 


Ibid.  sec.  30.  1834,  ch.  253,  sec.  1. 

101.  The  county  commissioners,  on  application  of  any  person  for  a  private  road, 
shall  appoint  three  discreet  and  sensible  persons  of  the  county,  not  related  to  either 
of  the  parties,  who  shall  act  as  commissioners  to  lay  out  such  private  road,  not 
exceeding  sixteen  feet,  clear  of  ditches,  in  breadth,  and  shall  direct  the  said  commis- 


MARYLAND  GEOLOGICAL  SURVEY 


9 


sioners  to  lay  out  the  same,  taking  into  consideration  the  convenience  of  the  party 
petitioning  for '  such  pi'ivate  road,  as  well  as  the  convenience  and  interest  of  the 
persons  through  whose  lands  said  road  may  be  located;  and  the  said  commissioners 
shall  assess  the  damages  to  be  paid  to  the  owners  of  the  lands  through  which  the 
said  road  may  pass. 

(1860),  art.  28,  sec.  31.  1834,  ch.  253,  sec.  1. 

102.  If  any  person,  through  whose  lands  such  road  may  pass,  or  if  the  person  Course  may  be 
applying  therefor,  shall  object  to  its  running  in  the  manner  returned  by  the  commis-  determined  by 
sioners,  the  said  county  commissioners  may  make  such  order  as  to  the  course  of  commissloners- 
said  road  as  they  may  think  proper. 

Ibid.  sec.  32.  1834,  ch.  253,  sec.  1. 

103.  After  any  road  shall  be  surveyed  and  laid  out  under  the  two  preceding  Record  of  appli- 
sections,  the  county  commissioners  shall  direct  the  application  for  such  road,  and  the  cation  for  road, 
return  thereof,  to  be  recorded. 

Ibid.  sec.  33.  1834,  ch.  253,  sec.  1. 

104.  After  the  damages  assessed,  and  the  costs  of  laying  out  such  a  road  shall  Persons  liable 
be  paid  by  the  person  applying  for  the  same,  such  road  shall  be  considered  as  the  for  damages, 
private  way  of  such  person,  who  shall  keep  open  and  repair  the  same  at  his  own 

expense. 

Ibid.  sec.  34.  1834,  ch.  253,  sec.  1. 

105.  No  person  shall  stop  or  change,  or  in  any  manner  obstruct  such  private  injury  to  private 

road,  under  the  penalty  of  ten  dollars  for  every  such  offence.  road. 

Ibid.  sec.  35.  1839,  ch.  18. 

106.  Where  a  person  owns  lands  adjoining  another  county  and  desires  a  private  Private  road  in 
road  through  lands  in  such  adjoining  county,  he  may  apply  to  the  county  commis-  adjoining  county, 
sioners  of  the  county  where  the  lands  lie,  through  which  he  desires  to  pass;  and 

the  said  county  commissioners  shall  act  upon  such  application  in  the  same  manner 
as  if  the  applicant  owned  land  in  such  county,  and  had  applied  for  a  private  road 
therefrom. 

Ibid.  sec.  36.  1832,  ch.  292,  sec.  1. 

107.  On  application  to  the  county  commissioners  by  the  owner  of  any  quarry  or  Private  road  for 
mine,  for  a  private  road  thereto,  the  same  proceedings  shall  be  had  as  are  prescribed  quarries  or  mines, 
for  granting  private  roads  to  farms;  provided,  the  county  commissioners  be  satisfied 

that  the  working  of  the  stone  quarry  to  which  the  road  is  prayed  for,  will  not  injure 
or  endanger  any  dwelling-house,  tavern-house  or  outhouse  attached  thereto. 

Ibid.  sec.  37.  1832,  ch.  292,  sec.  1. 

108.  In  granting  a  road  under  the  preceding  section,  the  county  commissioners  period  of  duration 
may  prescribe  a  period  and  terms  when  and  upon  which  the  said  road  shall  cease,  of  such  a  private 
and  may  be  shut  up;  or  when,  for  the  continuance  of  said  road,  it  shall  be  necessary  road- 

to  have,  at  the  discretion  of  the  said  county  commissioners,  the  same  renewed. 

Ibid.  sec.  38.  1836,  ch.  255,  sec.  1.  1866,  ch.  105. 

109.  Any  owner  or  owners  of  a  mill,  factory,  distillery,  quarry  or  lime  kiln,  Private  road  from 
situated  within  one  mile  of  any  railroad,  may  apply  to  the  county  commissioners  miU  to  railroad, 
of  the  county  to  lay  out  and  open  a  private  road  from  such  mill,  factory,  distillery, 

quarry  or  lime  kilns,  to  the  most  convenient  place  for  intersecting  such  railroad;  and 
on  such  application  the  county  commissioners  shall  proceed  in  the  same  manner  and 
with  the  same  powers  as  if  such  application  were  for  a  private  road  to  a  farm. 

Ibid.  sec.  39.  1836,  ch.  255,  sec.  2. 

110.  If  an  applicant  for  a  road  under  the  preceding  section  shall  state  in  his  Damages  for 
application  that  he  intends  to  lay  a  railway  on  such  road,  the  commissioners  ap-  private  railway 
pointed  to  assess  the  damages  which  any  person  will  sustain  by  opening  such  road,  on  road- 


10 


THE  ROAD-LAWS  OF  MARYLAND 


Railway  on  a 
private  road. 


Alteration  of  road. 


Notice  for  private 
road. 


Apportionment  of 
damages. 


Compensation  of 
commissioners, 
surveyors,  etc. 


Gardens. 


Right  of  appeal. 


Consent  of  County 
Commissioners  re¬ 
quired  in  writing. 


shall  take  into  consideration  the  additional  damage  (if  any),  which  would  be  caused 
by  the  construction  of  such  railroad;  and  shall  determine  the  places  at  which  crossings 
shall  be  made  over  such  railroad,  for  the  convenience  of  the  owners  of  the  land  on 
either  side  of  such  private  road,  and  shall  specify  the  same  in  their  return  to  the 
county  commissioners. 


(1860),  art.  28,  sec.  40.  1836,  ch.  255,  sec.  3. 

111.  Any  person  who  has  obtained  a  private  road  under  the  two  preceding  sections, 
may  lay  a  railway  thereon,  and  may,  with  the  consent  of  the  owners  of  any  railroad, 
connect  the  same  therewith;  provided,  that  the  damages  assessed  as  aforesaid  be 
paid  to  the  parties  thereto,  and  that  the  crossings  required  to  be  made  in  the 
preceding  section,  be  made  within  thirty  days  after  laying  said  railway. 

Ibid.  sec.  41.  1836,  ch.  255,  sec.  4. 

112.  On  the  application  of  the  owners  of  any  quarry  over  or  through  which  any 
private  railroad  may  pass,  the  county  commissioners  may  have  the  location  of  said 
road  altered,  so  as  to  avoid  the  interfering  with  the  working  of  the  quarry. 

Ibid.  sec.  42.  1834,  ch.  253,  sec.  2. 

113.  The  county  commissioners  shall  not  appoint  commissioners  to  lay  out  any 
private  road  until  satisfactory  proof  shall  be  produced  that  at  least  ten  days’  notice 
of  the  application  had  been  previously  given  to  the  parties  through  whose  lands  the 
proposed  road  is  to  be  located,  which  notice  shall  describe  the  location  to  be  made. 

Ibid.  sec.  43.  1834,  ch.  253,  sec.  3. 

114.  If  there  shall  be  an  estate  for  life  or  term  of  years,  or  tenancy  from  year  to 
year,  in  the  lands  through  which  any  private  road  may  be  located,  the  county  com¬ 
missioners  shall  apportion  the  damages  awarded  to  the  land  owners  among  the  parties 
interested  in  the  land,  according  to  their  several  interests,  in  possession,  expectancy, 
remainder  or  reversion;  and  the  several  circuit  courts,  on  appeal,  shall  have  a  similar 
power  of  apportionment. 


Ibid.  sec.  44.  1834,  ch.  253,  sec.  4. 

115.  The  commissioners  appointed  to  lay  out  a  private  road  shall  each  be  entitled 
to  two  dollars  per  diem  for  every  day  they  shall  be  necessarily  engaged  in  locating 
such  road;  and  the  said  commissioners  may  appoint  a  surveyor  to  assist  in  locating 
the  same,  and  may  allow  him  such  compensation  for  his  services  as  they  may  deem 
proper;  and  the  per  diem  to  the  commissioners,  and  the  compensation  of  the  surveyor, 
shall  be  paid  by  the  person  applying  for  the  road. 

Ibid.  sec.  45.  1834,  ch.  253,  sec.  1.  1872,  ch.  223. 

116.  No  such  road  shall  be  made  through  any  garden  or  yard. 

Ibid.  sec.  46.  1834,  ch.  253,  sec.  1. 

117.  Any  person  feeling  himself  aggrieved  by  the  determination  of  the  county 
commissioners,  in  granting  or  refusing  any  road,  or  in  the  amount  of  compensation 
awarded,  or  in  any  matter  relating  to  the  granting  or  refusing  to  grant  any  such 
road,  may  appeal,  within  the  time  prescribed  by  law,  to  the  circuit  court  for  the 
county  in  which  such  application  shall  be  made,  and  either  party  may  be  entitled  to  a 
trial  by  jury;  and  the  judgment  in  the  case  shall  be  final  between  the  parties. 

(1888),  art.  23.  Corporations. 

COMPANIES  FOR  THE  ERECTION  OF  BRIDGES. 

1868,  ch.  471,  sec.  118. 

86.  If  any  corporation  formed  under  the  provision  of  this  article  shall  desire  to  erect 
any  bridge  over  any  river,  creek  or  stream  of  water  in  this  State,  or  between  this  and 
another  State,  the  said  corporation  shall  first  obtain  the  consent,  in  writing,  of  thf 


MARYLAND  GEOLOGICAL  SURVEY 


11 


county  commissioners  of  the  county  in  which  said  bridge  may  be  proposed  to  be  located; 
or  if  said  bridge  be  proposed  to  be  erected  over  a  stream  dividing  two  counties,  then 
such  corporation  shall  obtain  the  consent,  in  writing,  of  the  county  commissioners  of 
both  of  said  counties;  and  the  resolution  of  the  said  county  commissioners  giving  said 
consent  shall  be  recorded  amongst  the  proceedings  of  said  commissioners,  and  also  in  Record, 
the  journal  or  book  of  proceedings  of  said  corporation. 

1868,  ch.  471,  sec.  119. 

87.  The  corporation  may  agree  with  the  owners  for  the  lands  necessary  for  the  Abutments  and 

abutments  of  the  bridge,  and  for  roads  and  ways  thereto,  and  for  earth  or  stone  re-  approaches, 

quired  in  the  construction  of  said  bridge  and  of  said  ways;  and  the  rights  acquired  by 

agreement  shall  be  conveyed  by  deed,  duly  acknowledged  and  recorded.  In  case  of 

failure  to  agree,  or  of  disability  of  the  owners  to  contract,  or  of  their  absence  from  the 
State,  the  corporation  may  obtain  the  lands,  earth  and  stone  by  condemnation. 

Ibid.  sec.  120. 

88.  When  a  bridge  located  in  one  county  shall  be  completed,  the  president  and  Written  notice 
directors  of  the  corporation  shall  report  in  writing  to  the  county  commissioners  of  said  of  completion  of 
county  under  the  oath  or  affirmation  of  the  president  and  a  majority  of  the  directors,  n  g  q 

and  of  the  treasurer  of  the  company,  the  actual  cost  of  construction  of  said  bridge;  and 

the  county  commissioners  shall  appoint  three  persons  to  examine  the  same,  and  report  Examiners. 

whether  it  has  been  constructed  in  such  a  substantial  and  durable  manner  as  is  required 

to  promote  the  public  convenience,  and  the  report  shall  be  reviewed  and  ratified  or 

rejected  by  the  county  commissioners,  who  may  appoint  other  persons  to  report  thereon, 

in  their  discretion;  and  if  it  shall  be  finally  determined  by  the  county  commissioners 

that  the  bridge  is  erected  in  a  proper  manner,  they  may  authorize  the  corporation  to 

charge  such  rates  of  toll  as  may  be  sufficient  to  yield  a  net  dividend  of  eight  per  Toll. 

centum  per  annum  to  the  stockholders  or  members  of  said  corporation,  making  due 

allowance  always  for  cost  of  necessary  repairs  and  reconstruction  from  accident  or 

otherwise. 

Ibid.  sec.  121. 

89.  The  corporation  shall  revise  the  rates  of  toll  every  six  months  for  three  years  Receipts  and 
from  the  completion  of  the  bridge,  and  shall  report  at  each  period  to  the  county  expenditures, 
commissioners  the  gross  amounts  of  receipt  and  expenditure;  and  the  rates  of  toll  shall 

be  so  readjusted,  if  need  be,  as  to  yield  not  more  than  eight  per  centum  net  dividend; 
and  at  any  time  thereafter  the  corporation  shall,  on  demand  of  the  county  commis¬ 
sioners,  report  the  amounts  of  receipts  and  expenditure  for  any  period  demanded,  and 
the  tolls  shall  be  readjusted  so  as  to  yield  not  more  than  said  dividend.  The  rates  of 
toll  to  be  charged  shall  be  specified  in  writing  by  the  county  commissioners. 

Ibid.  sec.  122. 

90.  If  the  bridge  be  erected  over  a  stream  dividing  two  counties,  or  between  this  Report  to 
State  and  another  State,  the  corporation  shall  make  the  like  report  hereinbefore  pro-  comptroller, 
vided  to  be  made  to  the  county  commissioners,  to  the  comptroller  of  the  treasury,  who 

shall  lay  the  same  before  the  governor,  who  shall  issue  his  warrant  specifying  the 
rates  of  toll  to  be  charged  so  as  to  yield  eight  per  centum  per  annum  net  dividend;  and 
like  reports  shall  be  made  to  the  comptroller  every  six  months,  and  at  any  subsequent 
times  as  are  provided  in  the  preceding  section  to  be  made  to  the  county  commissioners; 
and  revisions  and  readjustments  of  tolls  shall  be  made  by  the  governor,  as  are  directed 
to  be  made  by  the  county  commissioners  in  cases  of  bridges  located  in  any  one  county. 

Ibid.  sec.  123. 

91.  The  written  authority  or  warrant  of  the  county  commissioners  and  of  the  Printed  rates 
governor,  in  respective  cases,  shall  be  demanded;  and  said  authority  or  warrant  shall  of  toll. 

be  printed  and  exposed  to  public  inspection  at  every  place  where  the  payment  of  tolls 
may  be  demanded. 

Ibid.  sec.  124. 

92.  No  bridge  shall  be  erected  on  a  navigable  river,  unless  authorized  by  an  act  of  Navigable  waters, 
the  general  assembly. 


12 


THE  ROAD-LAWS  OF  MARYLAND 


Examiners. 


Repair  of  bridges. 


Powers  and 
privileges. 


Width  of 
stoned  way. 


Duties  of  turnpike 
companies. 


Report  on  cost  of 
first  mile. 


Examination 
of  road. 


1868,  ch.  471,  sec.  125. 

93.  Before  the  governor  shall  issue  his  warrant  authorizing  the  collection  of  tolls, 
he  shall  be  satisfied,  from  the  report  of  five  commissioners,  to  be  appointed  by  him, 
that  the  bridge  has  been  erected  and  completed  in  a  substantial  and  proper  manner. 

Ibid.  sec.  126. 

94.  When  any  citizen  shall  allege,  in  writing,  to  the  circuit  court  for  any  county, 
that  any  bridge  situate  within  or  partly  within  said  county  is  not  kept  in  proper  order 
and  repair,  the  same  proceedings  may  be  had  in  court  as  are  hereinafter  provided  in 
cases  of  turnpike  or  plank  roads  alleged  not  to  be  in  proper  order  and  repair. 

RAILROAD  COMPANIES. 

1880,  ch.  282.  1876,  ch.  242,  sec.  17. 

173.  [This  section  deals  with  the  crossing  of  highways,  etc.] 

TURNPIKE,  PLANK  ROAD  AND  PASSENGER  RAILWAY  COMPANIES. 

1868,  ch.  471,  sec.  107.  1882,  ch.  456. 

233.  Corporations  for  making  turnpikes,  or  plank  roads,  or  passenger  railways 
outside  of  the  limits  of  the  city  of  Baltimore,  may  be  formed  as  hereinbefore  pro¬ 
vided;  no  such  passenger  railway  to  exceed  twelve  miles  in  length;  and  such  turn¬ 
pikes,  plank  roads,  or  passenger  railways  may  be  constructed  on  the  bed  of  any 
county  road  or  on  part  of  the  bed  thereof,  the  consent  of  the  county  commissioners 
of  the  county  in  which  said  road  may  lie,  having  been  first  given  in  writing  and 
recorded  among  the  proceedings  of  said  county  commissioners,  and  also  recorded  in 
the  book  or  journal  of  proceedings  of  said  corporation;  the  location  of  the  bed  of 
any  part  of  said  county  road  may  be  changed  by  said  corporation,  for  the  purpose 
of  a  better  construction  of  said  turnpike,  or  plank  road,  or  passenger  railway;  provided, 
the  land  to  be  occupied  be  obtained  by  agreement  with  the  owners  thereof,  or  by 
condemnation;  at  least  fifteen  feet  in  width  of  the  bed  of  any  turnpike  road  shall 
be  covered  with  broken  stone  or  gravel,  or  other  hard  or  durable  materials,  to  the 
depth  of  at  least  twelve  inches,  unless  the  natural  bed  be  hard;  and  the  bed  of  any 
plank  road  shall  be  well  and  securely  laid  and  covered  with  plank  or  wood  for  the 
same  width. 

1882,  ch.  456,  sec.  2. 

234.  In  all  cases  when  any  passenger  railway  company  uses  the  roadbed  or  any 
portion  thereof  of  any  turnpike,  street  or  road  in  any  county  in  this  state,  it  shall, 
at  all  times,  keep  in  good  and  proper  repair,  not  only  the  portions  of  said  turnpike, 
street  or  road  which  may  be  embraced  between  the  rails  of  its  track,  but  also  that 
part  which  shall  extend  for  a  distance  of  two  feet  on  either  side  of  said  rails;  and 
in  case  of  refusal  or  neglect  to  comply  with  the  provisions  of  this  section  within  five 
days  after  due  notice  in  writing  shall  have  been  given  by  the  county  commissioners  of 
the  county  in  which  said  passenger  railway  has  its  tracks,  then  it  shall  be  subject 
to  a  penalty  or  fine  of  ten  dollars  a  day  for  each  and  every  day  of  such  refusal  or 
neglect  to  repair  and  put  in  order  any  such  turnpike,  street  or  road;  said  fine  to  be 
recovered  by  suit  before  any  justice  of  the  peace  of  said  county,  in  the  name  of  the 
county  commissioners  of  said  county. 

1868,  ch.  471,  sec.  108. 

235.  When  any  turnpike,  or  plank  road,  or  passenger  railway,  shall  have  been 
finished  one  mile  in  length,  the  president  and  directors  shall  report  to  the  county 
commissioners  of  the  county  in  which  it  may  lie,  under  the  oath  of  the  president 
and  a  majority  of  the  directors,  and  the  treasurer  of  the  corporation,  the  actual  cost 
of  said  road,  so  far  as  finished:  and  thereupon  the  county  commissioners  shall  appoint 
three  citizens  of  the  county  to  examine  said  road,  and  determine  whether  the  same 
is  constructed  in  such  manner  as  will  subserve  the  public  interests  for  the  uses  to 
which  said  road  is  applicable,  who  shall  report  to  said  county  commissioners  in 
writing,  and  said  report  shall  be  reviewed  by  said  county  commissioners;  and  if  they 


MARYLAND  GEOLOGICAL  SURVEY 


13 


shall  determine  that  the  road  is  properly  constructed,  then  as  to  such  turnpike  or  plank 

road  the  company  shall  he  authorized  to  erect  a  toll-gate  thereon,  and  to  charge  such  Toll-gates. 

rates  of  toll  as  will  yield  eight  per  centum  per  annum  net  profit  on  said  actual  cost, 

for  distribution  to  the  stockholders;  and  the  same  proceedings  shall  be  had  as  each 

succeeding  mile  shall  be  completed,  until  the  said  turnpike,  or  plank  road  or  passenger 

railway,  shall  be  finished;  but  when  more  than  one  mild  of  any  turnpike  or  plank  road 

shall  be  completed,  it  shall  not  be  necessary  for  the  corporation  to  erect  more  gates 

than  it  may  deem  convenient;  and  it  shall  be  empowered  to  collect,  at  the  gate  or 

gates  which  may  be  erected,  tolls  to  yield  at  the  rate  aforesaid,  for  the  number  of 

miles  of  said  road  or  turnpike  which  may  be  finished. 

1868,  ch.  471,  sec.  109. 

236.  The  corporation  of  any  such  turnpike  or  plank  road,  shall  revise  its  rates  Reports  to  county 
of  toll  every  six  months  for  three  years,  from  the  completion  of  the  road,  and  shall  commissioners, 
report  the  amounts  of  its  revenue  and  expenditures  at  any  time  when  demanded  by 
the  county  commissioners;  and  if  the  receipts  shall  be  found  at  any  time  to  amount 
to  more  than  is  necessary  to  yield  eight  per  centum  per  annum,  net,  to  the  stock¬ 
holders,  the  tolls  shall  be  reduced  to  that  standard.  In  all  cases,  the  rates  of  toll  Rates  of  toll.1 
chargeable  shall  be  specified  and  approved  in  writing  by  the  county  commissioners,  and 
shall  be,  as  nearly  as  may  be,  such  rates  as  will  yield  the  said  dividend  and  no  more; 
and  such  writing  shall  be  recorded  in  the  office  of  the  county  commissioners,  and  also 
in  the  journal  or  book  of  proceedings  of  the  corporation,  and  copies  thereof  shall  be 
printed  and  exposed  to  public  inspection  at  every  toll-gate;  and  such  writing,  or  a 
copy  thereof,  shall  be  conclusive  evidence  of  the  right  of  the  company  to  charge 
tolls  and  of  the  amounts  thereof. 

(1898),  art.  23,  sec,  236  A.  1892,  ch.  188. 

236  A.  All  turnpikes  or  plank  road  companies  in  this  state,  are  hereby  authorized  Special  tolls, 
and  empowered  to  charge  and  collect  such  rates  of  toll  for  traction  engines,  steam 
engines  and  all  vehicles  attached  thereto,  which  shall  be  hauled  or  propelled  upon 
the  roads  and  through  the '  toll-gates  of  such  companies,  as  shall  be  fixed  by  said 
companies  in  accordance  with  the  provisions  of  the  aforesaid  sub-title  of  this  article, 
and  this  act  shall  apply  as  well  to  all  turnpike  and  plank  road  companies,  incorporated 
under  special  acts  of  the  General  Assembly  of  Maryland,  as  to  those  incorporated 
under  the  provisions  of  this  article. 

1868,  ch.  471,  sec.  110. 

237.  If  a  company  shall  be  formed  to  make  a  turnpike  or  plank  road  through  Report  of  turn- 
several  of  the  counties  of  the  State,  when  the  same  shall  be  finally  completed,  a  Pike  companies, 
report  as  mentioned  in  section  235,  shall  be  made  to  the  comptroller,  and  by  him 

laid  before  the  governor,  of  the  entire  cost  of  said  road;  and  the  governor  shall  there¬ 
upon  appoint  five  commissioners  to  examine  and  report  to  him,  on  the  construction 
of  said  road,  its  adaptation  to  public  uses,  the  whole  cost  thereof,  and  the  revenue 
and  expenses  of  maintaining  the  same,  as  far  as  ascertainable;  and  if  said  report  shall 
be  favorable,  the  governor  shall  issue  his  warrant  to  said  corporation,  authorizing  it 
to  establish  toll-gates,  and  specifying  the  rates  of  toll  which  may  be  charged  by  said 
corporation,  so  that  a  dividend  of  eight  per  centum  per  annum  net,  may  be  made  to 
the  stockholders;  and  the  warrant  of  the  governor  shall  be  final  in  the  premises;  and 
the  company  shall  report  annually  to  the  comptroller,  who  shall  lay  the  same  before 
the  governor,  who  may  order  a  change  of  location  of  gates,  and  of  the  amount  of 
tolls  to  be  charged,  and  issue  his  warrant  accordingly,  whenever  he  may  deem  the 
same  necessary  to  effectuate  the  intent  of  these  provisions. 

Ibid.  sec.  111. 

238.  When  such  corporation  shall  desire  to  locate  its  road  within  the  limits  of  Roads  in  towns, 
or  through  any  incorporated  town  or  city,  it  shall  obtain  the  consent  of  the  corporate 


1  By  art.  27,  sec.  121  of  Code  of  1888,  vehicles  or  horses  going  to  or  returning  from 
any  funeral  are  exempt  from  tolls. 


14 


THE  ROAD-LAWS  OF  MARYLAND 


authorities  of  each  town  or  city,  to  be  evidenced  as  provided  in  the  case  of  county 
commissioners. 

1868,  ch.  471,  sec.  112. 

Right  of  way.  239.  When  such  corporation  shall  desire  to  locate  the  bed  of  a  turnpike  or  plank 
road  elsewhere  than  on  the  bed  of  existing  county  roads,  it  may  agree  with  the 
owners  of  lands  for  the  right  of  way,  or  obtain  the  same  by  condemnation. 

Ibid.  sec.  113. 

Agreements.  240.  Every  agreement  for  a  right  of  way  through  land  shall  be  in  writing,  ac¬ 
knowledged  before  a  justice  of  the  peace,  and  recorded  by  the  corporation  amongst 
the  records  of  the  county  or  city  in  which  the  lands  lie,  within  six  months  after  its 
date. 

Ibid.  sec.  114. 

Plat  of  turnpike.  241.  Before  any  turnpike  or  plank  road  shall  be  constructed,  the  corporation  shall 
cause  a  plat  of  the  same,  describing  the  termini  and  the  proposed  location,  to  be  made 
and  recorded  in  the  clerk’s  office  of  the  county  in  which  the  same  may  be  located, 
and  in  the  clerk’s  office  of  every  city  and  county,  into  or  through  which  the  same 
may  be  proposed  to  pass,  in  case  the  road  to  be  constructed  by  said  corporation  is  to 
pass  to  or  through  more  than  one  county. 

(1898),  art.  23,  sec.  242.  1894,  ch.  607. 

Road  to  be  kept  242.  It  shall  be  the  duty  of  all  companies  which  may  have  been  or  may  hereafter 
in  repair,  be  incorporated  under  any  law  or  laws  of  this  state,  to  make  any  turnpike,  plank  or 
other  toll  road  or  roads,  to  keep  and  maintain  the  same  in  such  good  order  and  repair 
and  of  such  width  as  required  by  the  terms  of  the  law  under  or  by  which  incorporated; 
and  if  any  such  company  shall  fail  to  keep  its  roads  in  such  good  order  and  repair, 
or  of  the  width  required  by  the  terms  of  its  charter,  or  of  the  provisions  of  this  article, 

Petition  against  if  incorporated  hereunder,  for  a  space  of  fifteen  days,  any  person  or  persons  may  file 
company.  a  petition  in  the  Circuit  Court  for  the  County  and  the  Superior  Court  of  Baltimore 
City,  in  which  the  part  of  such  road  not  in  good  condition  and  repair,  or  not  of  the 
width  or  of  the  material  required  by  its  charter,  or  by  the  laws  by  which  it  has  been 
incorporated,  lies,  alleging  the  failure  of  such  company  to  keep  its  road-bed  in  good 
order  and  repair  or  of  such  required  width;  whereupon  any  judge  of  the  court  in  which 
Summoning  of  such  petition  may  be  filed,  may  and  shall  pass  an  order  directing  the  sheriff  to  summon 
jury.  a  jury  0f  six  persons,  who  shall  be  freeholders,  or  to  the  clerk’s  office  of  the  Superior 
Court  of  Baltimore  City,  not  interested  in  such  roads,  unless  it  be  as  users  thereof, 
to  meet  on  the  part  or  parts  of  the  road  mentioned  in  such  petition;  and  the  said 
Duty  of  jurors,  jurors  being  first  sworn  by  such  sheriff,  true  inquiry  to  make  as  to  the  condition  of 
the  road  complained  of,  shall  view  the  part  or  parts  of  the  road  complained  of,  and 
determine  upon  such  view  and  the  evidence  of  such  witnesses  as  may  be  produced  by 
the  petitioners  of  the  company  as  to  the  condition  of  such  road,  and  the  time  such 
condition  may  have  continued;  and  an  inquisition  in  writing  shall  be  signed  and 
sealed  by  such  jurors,  and  returned  by  the  sheriff  to  the  clerk’s  office  of  the  Circuit 
Court  for  the  county  or  to  the  clerk’s  office  of  the  Superior  Court  of  Baltimore  City; 
and  if  said  inquisition  shall  find  that  said  road  is  not  in  good  order  and  repair,  or  not 
of  the  width  required  by  its  charter,  any  judge  of  said  court  may,  within  ten  days 
Penalty  of  after  the  return  thereof,  confirm  the  same,  and  order  that  tolls  shall  not  be  charged 
company,  by  such  company  at  the  gates  next  on  either  side  of  the  place  or  places  in  said  road 
shall  be  put  in  good  order  and  repair  and  properly  widened;  and  until  further  order  of 
such  court,  the  petitioners  or  the  company  may,  before  the  confirmation  of  such  inqui¬ 
sitions,  demand  a  trial  by  a  jury  in  court,  whether  said  road  is  in  good  order  and 
repair  or  of  the  proper  width,  or  may  move  to  quash  the  proceedings  for  matter  of 
law,  and  the  court  may  adjudge,  on  the  finding  of  the  jury  or  otherwise,  as  may  be 
just,  in  accordance  with  the  principles  of  law,  and  may  give  judgment  for  costs  against 
the  county  or  city,  or  against  the  corporation,  or  against  both,  in  its  discretion; 
provided,  however,  that  confirmation  of  the  inquisition  shall  not  be  delayed  more  than 
Jury  trial,  fifteen  days  by  the  filing  of  any  motion  to  quash  or  for  a  jury  trial  by  the  corporation, 
unless  such  corporation  shall  give  a  bond,  to  be  approved  by  the  court,  conditioned 
for  the  refunding  of  all  tolls  collected  after  the  expiration  of  ten  days  from  the  return 
of  the  inquisition,  if  the  same  be  affirmed  after  such  motion  or  trial  by  jury. 


MARYLAND  GEOLOGICAL  SURVEY 


15 


(1898),  art.  23,  sec.  116. 

243.  If  the  inquisition  shall  be  finally  confirmed,  and  the  said  road  shall  not  be 
put  in  good  order  and  repair  within  thirty  days  thereafter,  the  said  court  may  order 
that  the  right  of  the  corporation  to  charge  tolls  on  any  part  of  said  road  within  the 
limits  of  said  county  be  forfeited,  until  it  shall  be  made  to  appear  to  said  court  by 
said  corporation  that  the  whole  of  said  road  within  said  county  has  been  put  in 
good  order  and  repair,  when  said  order  of  forfeiture  may  be  rescinded  by  the  said 
court. 

Ibid.  sec.  117. 

244.  If  within  six  months  after  the  date  of  an  order  of  the  court  forfeiting  the 
right  of  the  corporation  to  charge  tolls,  the  said  road  shall  not  have  been  put  in 
good  order  and  repair  within  the  limits  of  the  county  in  which  said  order  may  have 
been  passed,  the  said  road  within  said  county  shall  be  forfeited  by  the  corporation,  and 
shall  vest  in  the  county  commissioners,  who  may  cause  the  same  to  he  put  and 
kept  in  good  order  and  repair,  and  collect  tolls  sufficient  for  that  purpose,  or  may 
transfer  the  same  to  another  corporation,  in  their  discretion;  in  which  case  the  new 
corporation  shall  have  the  same  rights  and  franchises,  and  he  subject  to  the  same 
conditions  and  forfeitures,  with  the  original  corporation  constructing  said  road. 

(1898),  art.  27,  sec.  118  F.  1890,  ch.  442. 

[245.]  If  any  person  or  persons  shall,  with  intent  to  defraud  any  turnpike  or 
other  company,  authorized  by  law  to  receive  tolls  for  the  use  of  its  roads,  pass 
through  any  private  gate  or  bars,  or  along  any  grounds  near  said  road,  to  avoid  any 
toll-gate  and  escape  payment  of  tolls,  or  shall  practice  any  fraudulent  means  to 
lessen  and  avoid  the  payment  of  any  just  tolls,  or  shall  refuse  to  pay  tolls  he  is 
bound  by  law  to  pay,  each  and  every  such  person  shall  be  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  fined  not  less  than  one,  nor  more  than  twenty- 
five  dollars,  and  upon  failure  to  pay  said  fine,  shall  be  imprisoned  not  more  than 
five  days;  provided,  however,  that  nothing  herein  contained  shall  prohibit  persons 
from  passing  upon  any  turnpike  or  toll-road,  from  one  point  to  another  between  the 
gates  upon  said  pike  or  road,  nor  shall  prohibit  persons  owning  lands  adjacent  to  any 
toll-gate,  from  using  or  crossing  the  same  for  their  own  private  purpose. 

HIGHWAY  INVESTIGATION. 

1898,  ch.  454. 

[1.]  The  Commission  established  by  the  Act  of  the  General  Assembly  at  the 
session  of  1896,  chapter  51,  is  hereby  authorized  to  make  provision  for  the  investigation 
of  the  question  of  road-construction  in  Maryland. 

[2.]  The  said  Commission  is  hereby  authorized  to  appoint,  under  the  direction  of 
the  Superintendent  of  the  Survey,  such  assistants  and  other  employees,  as  they  shall 
deem  necessary,  and  the  said  Commission  shall  also  determine  the  compensation  of  all 
persons  employed,  and  may  remove  them  at  pleasure. 

[3.]  The  said  Commission  shall  see  that  proper  investigation  is  made  of  the  condi¬ 
tion  of  the  roads  in  this  State,  and  of  the  best  means  of  improving  the  same,  together 
with  a  study  of  the  classification  and  distribution  of  the  road-building  materials  in  the 
several  counties. 

[4.]  The  said  Commission  shall  see  that  a  report  upon  the  state  of  the  roads  and 
the  best  method  of  improving,  constructing  and  maintaining  the  same,  with  estimates 
of  costs,  expenses  and  plans,  be  submitted  at  the  next  session  of  the  Legislature,  and 
that  special  reports  be  prepared  at  such  time  as  they  are  deemed  necessary. 

[5.]  The  said  Commission  shall  see  that  record  is  kept  of  all  its  proceedings,  and 
of  all  moneys  received  and  spent  under  its  direction  and  for  what  purposes;  which 
record  and  account  shall  be  submitted  to  the  said  Commission  at  the  semi-annual 
meetings  of  the  same  to  take  place  in  March  and  November,  such  records  and  accounts 
to  be  always  open  to  the  inspection  of  any  committee  which  the  Legislature  may 
appoint. 

[6.]  All  moneys  paid  out  on  account  of  this  work  shall  be  paid  by  the  State  Treas¬ 
urer  upon  the  order  of  the  Executive  Officer  of  the  Commission  endorsed  by  the 
Comptroller. 


Further  penalty 
for  bad  condition. 


Forfeiture 
of  road. 


Evasion  of  tolls. 


Highway  investi¬ 
gation  by  Geolog¬ 
ical  Survey. 

Assistants  and 
employees. 


Nature  of 
investigation. 


Report. 


Record. 


Payment. 


16 


THE  ROAD-LAWS  OF  MARYLAND 


Appropriation. 


County 

commissioners. 

Sign-boards. 


General  super¬ 
visor  of  roads. 


Compensation 
and  bond. 


Road  supervisors. 


Duties. 


Removal. 


[7.]  The  sum  of  ten  thousand  dollars '  annually,  or  so  much  thereof  as  may  be 
necessary,  is  hereby  appropriated  out  of  any  money  in  the  Treasury  not  otherwise 
appropriated,  for  the  purpose  of  carrying  out  the  provisions  of  this  Act. 


Public  Local  Laws. 

(1888).  Art.  1. 

ALLEGANY  COUNTY. 

(1860),  art.  1,  sec.  19. 

33.  They  shall  direct  the  supervisors  of  roads  to  erect  and  keep  up  at  the 
expense  of  the  county,  at  all  public  cross-roads,  and  where  public  roads  fork,  indexes 
or  finger-boards,  pointing  to  the  nearest  town,  mill  or  other  public  place  to  which 
said  road  leads,  with  the  names  of  the  places  and  the  distance  thereto,  legibly 
inscribed  thereon;  and  the  supervisors  shall  render  an  account  of  the  expenses  thereof 
to  the  county  commissioners,  to  be  levied  as  other  county  charges. 

1880,  ch.  286. 

211.  The  county  commissioners  are  authorized  and  empowered,  in  the  month  of 
April,  in  every  second  year,  accounting  from  the  year  eighteen  hundred  and  eighty, 
to  appoint  one  person,  a  resident  of  said  county  and  qualified  voter  therein,  to  be 
known  as  general  supervisor  of  roads,  whose  duty  it  shall  be  to  take  charge  of  the 
public  roads  and  bridges  of  said  county,  and  superintend  the  building  and  repairs 
of  all  such  public  roads  and  bridges,  subject  to  the  control  and  supervision  of  said 
commissioners  in  all  respects;  and  said  commissioners  shall  have  full  power  to  make 
rules  and  regulations  fixing  and  determining  the  duties  of  said  supervisor  and  the 
manner  of  performing  the  same;  and  said  supervisor  shall  hold  office  for  the  term 
of  two  years  from  the  date  of  his  appointment,  and  until  his  successor  is  appointed 
and  qualified,  subject  to  be  removed  by  a  vote  of  a  majority  of  said  commissioners  at 
any  time,  in  which  case  they  shall  immediately  elect  a  successor  to  said  supervisor  to 
perform  the  duties  of  said  office  for  the  unexpired  term  of  the  one  so  removed. 

Ibid. 

212.  Said  commissioners  shall  have  power  to  fix  the  compensation  of  said  super¬ 
visor,  and  to  require  from  him  a  bond  conditioned  for  the  faithful  performance  of 
his  duties,  in  such  penalty  as  they  may  deem  proper;  provided  that  he  shall  be 
paid  only  for  such  time  as  he  shall  be  actually  engaged  in  the  performance  of  his 
duties,  and  that  his  compensation  shall  not  in  any  one  year  exceed  five  hundred  dollars. 

Ibid. 

213.  Said  commissioners  shall  annually,  in  the  month  of  January  in  each  year, 
appoint  such  number  of  supervisors  of  roads  as  they  may  deem  necessary,  and  shall 
designate  the  road  or  roads,  or  parts  of  roads,  to  be  under  the  supervision  of  said 
supervisors  respectively,  and  shall  apportion  the  levy  for  road  purposes  among  said 
supervisors,  and  determine,  when  necessary,  the  amount  thereof  to  be  expended  on 
each  of  said  roads. 

Ibid. 

214.  Said  road  supervisors  shall  give  bond  tor  the  faithful  performance  of  their 
duties  as  such,  in  penalties  to  be  fixed  by  the  county  commissioners,  and  they  shall  be 
subject  to  such  rules  and  regulations  as  the  county  commissioners  shall  prescribe  in 
regard  to  their  duties,  and  the  manner  of  performing  the  same. 

Ibid. 

215.  The  county  commissioners,  by  a  vote  of  a  majority  thereof,  shall  have  power 
to  revoke  the  appointment  and  commission  of  any  road  supervisor  and  appoint  any 
person  to  fill  his  place  for  the  unexpired  portion  of  his  term,  and  in  such  case  may 
order  the  payment  by  him  to  his  successor,  of  any  unexpended  balance  in  his  hands; 
and  upon  his  failure  to  pay  the  same,  his  bond  may  be  sued  in  the  name  of  the  state, 
for  the  use  of  such  successor,  for  the  •  recovery  thereof. 


MARYLAND  GEOLOGICAL  SURVEY 


17 


1880,  ch.  286. 

216.  The  bonds  of  said  general  road  supervisor,  and  of  all  said  other  supervisors.  Bond, 
shall  be  taken  in  the  name  of  the  State  of  Maryland,  and  shall  be  conditioned  to  well 

and  faithfully  perform  their  several  duties  as  such  supervisors,  and  to  expend  or  ac¬ 
count  for,  according  to  law,  all  sums  of  money  which  may  be  placed  in  their  hands  for 
road  or  bridge  purposes;  and  suit  may  be  brought  thereon,  in  the  name  of  the  State, 
for  the  use  of  the  said  county  commissioners,  to  recover  damages  for  any  loss  which  the 
said  county  may  sustain  by  reason  of  the  failure  of  said  supervisor  or  supervisors  to 
perform  his  or  their  duties. 

Ibid. 

217.  The  provisions  of  the  six  preceding  sections  relating  to  roads  shall  embrace  Scope  of  law. 
the  whole  road  system  of  Allegany  county,  including  the  road  mentioned  in  chapter  291 

of  the  acts  of  1878,  known  as  the  legislative  road,  and  the  portion  lying  in  Allegany 
county  of  the  road  mentioned  in  chapter  158  of x  the  acts  1878,  known  as  the  national 
turnpike,  and  all  other  public  roads  in  said  county. 

(1888),  Art.  II. 


ANNE  ARUNDEL  COUNTY. 

1898,  ch.  531. 

191.  The  county  commissioners  of  Anne  Arundel  county  shall  at  their  first  regular  Appoint  two 
meeting  in  April,  1898,  or  as  soon  thereafter  as  possible,  and  biennially  thereafter,  ap-  persons  as  road 
point  two  persons,  residing  in  different  precincts,  in  each  of  the  respective  districts  of  commissloners* 
Anne  Arundel  county,  one  from  each  of  the  two  political  parties  having  cast  the  largest 

number  of  votes  at  the  last  preceding  general  election  in  said  county,  as  Road  Com¬ 
missioners  for  the  respective  election  districts  of  said  county.  The  persons  so  appointed 
shall  always  be  selected  with  special  reference  to  their  fitness  and  knowledge,  to 
manage  the  matter  of  the  construction,  improvement,  repair  and  maintenance  of  the 
public  roads.  Within  five  days  after  such  appointment  the  clerk  of  the  County  Com¬ 
missioners  shall  notify  in  writing  the  two  persons  so  appointed  in  each  of  the  several 
election  districts  of  their  appointment,  and  within  five  days  after  receiving  such  notice 
the  two  persons  so  named  in  each  of  the  several  election  districts  shall  meet  and  shall 
name  and  appoint  a  third  person,  and  the  three  shall  constitute  and  form  the  “  Board 
of  Road  Commissioners  ”  of  such  election  district. 

Ibid. 

192.  Each  such  road  commissioner  shall  take  and  subscribe  before  an  officer  author-  Oath  to  be  taken, 
ized  to  administer  oaths,  the  oath  required  by  section  six  of  article  one  of  the  constitu¬ 
tion  of  the  state,  a  form  whereof  shall  accompany  his  notice  of  appointment,  and  he 

shall  return  the  same,  together  with  the  name  of  the  third  member  of  the  board  of 
road  commissioners  so  selected  by  the  two  appointed  members,  with  his  oath  of  office 
subscribed.  Said  oaths  shall  be  preserved  and  recorded  by  the  clerk  of  the  county 
commissioners  among  the  records  of  his  office. 


Ibid. 

193.  Whenever  either  by  failure  to  qualify  within  five  days  after  receipt  of  notice  of  Vacancies, 
appointment,  or  from  any  cause,  a  vacancy  shall  occur  among  such  road  commissioners,  how  filled, 
a  successor  shall  be  appointed  in  the  same  manner  as  provided  in  section  191  and  as 
originally  made,  to  fill  out  the  unexpired  term  so  vacated;  but  in  the  case  of  any  person 
appointed  by  the  county  commissioners  to  fill  out  an  unexpired  term,  the  person  so 
appointed  shall  be  of  the  same  political  party  as  the  former  or  retiring  member. 

Ibid. 

194.  The  several  district  boards  of  road  commissioners  shall  in  their  respective  Adopt  rules  and 
election  districts  adopt  such  general  rules  and  regulations  for  calling  and  holding  meet-  regulations, 
i.ngs  for  the  transaction  of  business  and  for  other  purposes  as  they  shall  deem  best; 

and  shall  appoint  one  of  their  number  as  chairman,  to  hold  during  the  pleasure  of  the 
board,  and  shall  also  designate  one  of  their  number  to  act  as  clerk,  whose  duty  it  shall 
2 


18 


THE  ROAD-LAWS  OF  MARYLAND 


be  to  keep  full  and  accurate  record  of  the  proceedings  of  the  board,  and  to  perform  such 
other  duties  as  may  be  required  of  him  by  the  board. 

1898,  ch.  531. 

Salary.  195.  The  said  road  commissioners  shall  each  receive  an  annual  salary  of  fifty  dollars, 
except  the  chairmen,  who  shall  each  receive  an  annual  salary  of  one  hundred  dollars, 
payable  by  the  said  county  commissioners,  and  shall  hold  office  respectively  for  a  term 
of  two  years,  or  until  their  successors  respectively  are  appointed  or  selected  and 
qualified. 

Ibid. 

Road  districts.  I96-  Each  of  the  several  boards  of  district  road  commissioners  hereafter  to  be 
appointed  shall  have  power  and  it  shall  be  their  duty  to  divide  their  respective  election 
districts,  (not  less  than  ten  in  each),  properly  lettered,  (as  Road  District  A,  Road  Dis¬ 
trict  B,  etc.),  of  as  compact  form,  size  and  location  as  practicable,  and  then  such  and 
every  road  district  shall  be  again  sub-divided  in  sections,  properly  numbered,  also  as 
compact  and  of  as  convenient  location  as  practicable;  no  section  shall  contain  more 
than  ten  nor  less  than  three  miles  of  record  roads;  all  such  divisions  and  sub-divisions 
shall  not  only  be  distinctly  and  clearly  marked  and  located  on  the  maps  herein  provided 
for  by  definite  boundaries,  but  an  accurately  written  description  shall  be  made  of  each 
road,  duly  designated  by  some  proper  or  apt  name,  giving  the  beginning  and  termi¬ 
nation  of  the  boundaries  of  each  road  district  and  each  section,  the  approximate  number 
of  miles  in  each,  length  of  each  road  as  classified,  and  such  other  general  description 
as  may  be  useful  and  deemed  necessary;  a  copy  when  made  shall  be  filed  with  the 
board  of  county  commissioners. 

Ibid. 

Classification  of  197.  The  several  boards  of  district  road  commissioners  hereafter  appointed  shall 
public  roads,  also  proceed  to  classify  all  public  roads  in  their  respective  districts;  such  classification 
shall  be  made  as  follows:  All  principal  roads  or  public  highways  leading  to  or  from 
any  city  or  town,  or  principal  stations  or  landings,  or  such  part  or  portion  of  such 
roads  as  may  be  by  them  determined,  shall  be  designated  and  classed  as  “  County 
High  Roads,  ”  with,  as  far  as  possible,  a  distinctive  name  to  each;  such  other  main 
roads,  likewise  leading  to  and  from  any  city,  town,  public  station  or  landing,  or  such 
part  thereof  as  may  be  by  them  determined,  shall  be  called  “  First  Class  Roads;  ”  and 
those  not  frequently  used,  ordinary  roads  of  travel  or  cross  roads,  shall  be  called 
“  Second  Class  Roads;  ”  such  classified  roads,  and  the  distances  as  classed  on  each, 
when  first  made  and  returned,  may  be  changed  and  altered  from  time  to  time  as  may 
be  determined,  and  as  public  necessity  and  usage  may  require. 

Ibid. 

Maps.  198.  Each  of  the  several  district  boards  of  road  commissioners  shall  adopt  a  map 
already  made,  (such  as  is  now  issued  by  the  U.  S.  Geological  Survey),  on  which  map 
all  the  public  roads  and  highways  of  the  county  shall  be  so  classified,  marked  and  laid 
down,  and  further  shall  cause  to  be  marked  the  roads  or  parts  of  roads,  duly  desig¬ 
nated  by  name  as  far  as  possible,  boundaries  of  all  road  districts  properly  lettered,  all 
sections  properly  numbered  and  located;  such  road  classification  shall  be  clearly  shown 
as  follows:  All  “County  High  Roads,”  by  black  lines;  “First  Class  Roads,”  by 
broken  or  dotted  black  lines;  “  Second  Class,  ”  by  red  lines;  and  such  changes  as  shall 
be  made  from  time  to  time  in  any*  of  the  sub-divisions  or  classifications  shall  be  imme¬ 
diately  changed  and  altered  on  said  maps.  When  the  several  maps,  divisions,  classifi¬ 
cations  and  reports  shall  have  been  finally  adopted,  a  copy  of  each  shall  be  made  and 
filed  in  the  office  of  the  board  of  county  commissioners,  and  the  same  shall  be  at  all 
reasonable  times  open  to  inspection. 

Ibid. 

Complete  record.  199.  The  clerk  of  the  board  of  county  commissioners  shall  make,  keep  or  bind 
in  a  suitable  book  or  other  receptacle,  to  be  provided  for  that  purpose  at  the  expense 
of  the  county  a  complete  record,  systematically  filed  and  indexed,  of  every  such  road  in 
the  county,  classified  under  the  provisions  of  the  preceding  chapter. 


MARYLAND  GEOLOGICAL  SURVEY- 


19 


1898,  ch.  531. 

200.  The  chairmen  of  the  several  district  boards  of  road  commissioners  shall  hold  Monthly  meetings, 
at  least  one  meeting  in  each  month,  representing  their  respective  district  boards,  and 
constituting  a  “  County  Board  of  Road  Commissioners,”  and  they  shall  be  entitled  to 

hold  their  meetings  in  the  county  commissioners’  rooms,  and  it  is  hereby  made  the 
duty  of  the  clerk  of  the  county  commissioners  to  furnish  the  said  county  board  of 
road  commissioners  and  the  several  district  boards  of  road  commissioners  such 
stationery  and  postage  stamps  as  they  may  need  in  the  discharge  of  their  duties  at  the 
expense  of  the  county;  and.  the  messenger  of  the  county  commissioners  shall  act  as 
messenger  to  said  board  of  road  commissioners,  and  shall  receive  as  compensation  there¬ 
for  the  sum  of  two  dollars  and  fifty  cents  each  day  during  which  he  is  actually  employed 
in  attendance  upon  said  road  commissioners. 

Ibid. 

201.  The  county  commissioners  of  Anne  Arundel  county  shall  keep  a  separate  ac-  Separate  accounts, 
count  of  all  expenses  incurred  for  opening,  constructing  or  repairing  the  public  roads  in 

each  election  district  thereof;  and  they  shall  provide  for  the  payment  of  said  road  ex¬ 
penses  by  levying  upon  the  assessable  property  in  each  election  district  of  said  county 
a  tax  sufficient  to  pay  the  said  expenses  incurred  as  aforesaid  for  the  opening,  construc¬ 
tion  and  repair  of  the  public  roads  in  the  respective  election  districts  of  said  county; 
and  they  shall  not  levy  any  road  tax  upon  the  assessable  property  in  any  election 
district  of  said  county,  except  to  pay  for  the  opening,  construction  and  repair  of  the 
public  roads  of  said  county  in  such  election  district;  provided,  however,  that  when¬ 
ever  any  public  road  forms  the  divisional  line  between  two  or  more  election  districts, 
the  expenses  incurred  for  opening,  constructing  or  repairing  the  same  shall  be 
assessed  against  each  of  said  districts  respectively,  in  proportion  to  the  expenses 
and  cost  of  said  road  opened,  constructed  or  repaired  in  each  of  said  districts  re¬ 
spectively;  and  provided  that  the  amount  of  taxes  so  to  be  levied  and  collected  by 
the  county  on  the  property  within  each  election  district,  and  thus  applied  to  the 
improvement  of  the  roads  in  any  one  year,  shall  not  be  less  than  ten  cents  on 
the  one  hundred  dollars  nor  more  than  one  per  cent  of  the  total  assessed  valuation 
of  the  property  within  such  election  district. 

Ibid. 

202.  The  county  commissioners  shall  have  power  and  it  shall  be  their  duty  to  Repairs  and 

provide  for  the  repair  and  construction  of  public  roads  and  bridges  in  said  county  construction  of 

iDublic  roads  ptc 

in  event  of  an  emergency,  and  the  purchase  of  improved  machinery;  and  to  that  F  ’ 

end  shall  levy  upon  the  assessable  property  of  said  county  a  general  road  tax  in 
addition  to  the  road  tax  in  the  several  election  districts  and  pay  for  such  extra¬ 
ordinary  expenditures  from  out  of  such  general  road  fund;  provided  the  expenditures 
for  such  repairs,  construction,  machinery  and  bridges  shall  not  exceed  the  sum  of 
seven  thousand  dollars  per  year;  and  provided  further,  that  all  such  work  must  be 
done  and  let  by  contract,  made  by  and  with  the  said  board  of  county  commissioners, 
upon  and  under  the  same  terms  and  conditions  -as  contracts  made  with  the  county 
board  of  road  commissioners,  as  provided  in  sections  203  D  and  203  F. 

Ibid. 

203.  The  board  of  county  commissioners  are  hereby  required  to  buy,  purchase  and  Road-machines, 
supply  to  any  of  the  several  district  boards  of  road  commissioners,  when  so  requested  by  tools>  etc. 
any  such  board,  for  the  purpose  of  being  used  on  the  public  roads,  such  machines  (being 

at  least  one  improved  road  machine  in  each  election  district),  tools,  implements  and 
appliances  as  may  be  required  and  deemed  necessary  to  work  such  county  roads  eco¬ 
nomically  and  expeditiously;  and  each  such  district  board  of  road  commissioners  shall 
be  responsible  for  the  safe  keeping  and  preservation  of  such  machines  and  such 
tools  and  implements,  and  it  shall  be  unlawful  to  hire  out  or  suffer  any  one  to  use 
the  same  unless  under  proper  contract  and  in  charge  of  competent  persons;  the 
several  district  boards  of  road  commissioners  shall  take  charge  of  all  road  tools  in 
their  respective  districts,  and  may  require  contractors  to  give  bond  for  the  care  of 
such  tools  furnished  them ;  and  the  district  boards  of  road  commissioners  may  also 


20 


THE  ROAD-LAWS  OF  MARYLAND 


sue  any  person  for  the  loss  of  such  tools  or  for  the  conversion  of  the  same,  or  injury 
thereto;  all  costs  or  repairs  shall  be  paid  for  by  such  person  or  persons  using  such 
machinery,  unless  otherwise  ordered  by  the  several  boai*ds  of  district  road  commis¬ 
sioners,  then  such  cost  of  repairs  shall  be  paid  by  the  commissioners.  The  several 
boards  of  distinct  road  commissionei-s  having  secured  such  machinery,  shall  designate 
how  and  where  such  machinei-y  can  and  must  be  used;  all  of  such  machinery  when  no 
longer  needed  by  any  contractor  or  other  person  using  and  having  the  same,  shall  be 
delivered  to  the  distinct  board  of  road  commissioners,  taking  therefor  a  proper  receipt, 
which  shall  state  the  condition  such  machinery  is  in  when  so  received. 

1898,  ch.  531. 

Improvements.  203  A.  Whenever  there  shall  be  presented  to  the  board  of  road  commissioners  of 
any  district  a  petition  signed  by  the  owners  of  at  least  one-third  of  the  lands  and 
real  estate  fronting  or  bordering  on  any  public  road  or  section  of  road  in  such  county, 
praying  the  board  to  cause  such  road  or  section  to  be  permanently  improved,  and 
setting  forth  what  is  needed  and  required,  the  board  may  cause  such  improvements 
to  be  made,  with  the  assent  and  approval  of  the  county  commissioners  first  had; 
provided,  that  the  estimated  cost  of  all  permanent  improvements  made  under  this  Act 
in  any  one  year  shall  not  be  more  than  one-half  of  road  tax  in  such  district  for  the 
last  preceding  year;  said  petitions  shall  be  presented  at  a  meeting  of  the  board 
of  county  commissioners,  and  thereupon  such  board  shall  direct  such  investigation 
as  may  be  necessary  to  inform  them  as  to  the  utility  and  probable  cost  of  the 
proposed  improvement,  and  may  for  that  purpose  order  a  preliminary,  survey,  and 
shall  determine  what  highways  or  parts  of  highways  designated  in  such  petition 
shall  be  so  improved,  and  shall  estimate  the  probable  amount  of  money  that  will  be 
required  to  complete  such  improvement,  and  how  much  can  be  reasonably  provided 
therefor.  It  shall  be  necessary  for  the  board  in  such  case  to  declare  by  resolution 
*  their  intention  to  cause  such  improvement  to  be  made,  and  they  shall  cause  all 
necessary  surveys  of  such  road  or  section  to  be  made,  and  specifications  for  a 
macadam,  telford  or  other  equally  good  permanent  road,  as  determined  to  be  improved, 
to  be  prepared,  and  shall  then  proceed  in  the  same  manner  as  provided  and  required 
in  section  203F. 

Ibid. 

Fund  available  for  203  B.  At  +heir  regular  November  and  April  sessions  in  each  year  the  county  board 

improvement^  of  roa(l  commissioners  shall  ascertain  what  amount  of  said  fund  is  or  shall  be 
available  for  expenditure  during  the  ensuing  season  in  permanent  improvements 
ordered  in  their  respective  districts,  and  shall  apportion  such  available  fund,  as  nearly 
as  may  be,  to  the  several  highways  upon  which  improvements  have  been  ordered; 
but  no  part  thereof  shall  be  set  apart  for  the  benefit  of  any  highway  on  which  the 
work  of  permanent  improvement  has  not  been  commenced  until  sufficient  provision 
shall  have  been  made  for  the  completion  of  the  work  upon  highways  already  begun. 
The  said  board  of  county  commissioners  may  provide  for  the  payment  of  the  cost  of 
such  permanent  improvement  by  apportioning  the  cost  thereof  among  the  several  dis¬ 
tricts  in  proportion  as  in  their  judgment  and  discretion  the  one  or  more  districts 
are  benefited  by  such  permanent  improvements. 

Ibid. 

Engineer  or  203  C.  The  county  board  of  road  commissioners  may  employ  a  competent  engineer 
surveyor.  0r  surveyor,  at  the  same  compensation  allowed  the  county  surveyor,  to  survey  the 
county  roads,  or  any  part  thereof,  when  such  work  is  necessary;  and  to  prepare 
specifications  for  culverts  or  other  improvements  intended  to  be  made  in  pursuance  of 
this  Act,  and  to  supervise  the  work  and  materials  used. 

Ibid. 

Quarterly  203  D.  It  shall  be  the  duty  of  each  of  the  several  district  boards  of  road  corn- 
inspections.  missioners,  or  some  member  thereof,  to  inspect  and  investigate,  at  least  quarterly 
each  year,  the  condition  of  the  roads  in  their  respective  districts,  and  the  repairs 
or  improvements  necessary  or  desirable,  and  make  a  full  report  thereof  to  the  board 
of  county  road  commissioners,  and  they  shall  cause  an  estimate  to  be  made,  to 
accompany  said  reports,  of  the  probable  expense  of  such  repairs  and  improvements; 


MARYLAND  GEOLOGICAL  SURVEY 


21 


one  of  said  .reports  shall  be  made  on  or  before  the  first  day  of  May  and  another  on 
or  before  the  first  day  of  November,  in  each  and  every  year.  They  shall  carefully 
inspect  each  section  of  “  High  Roads  ”  and  roads  of  the  first  and  second  class,  so 
as  to  ascertain  what  will  be  a  fair  compensation  for  the  working  of  the  same,  all 
of  which  shall  be  reported  to  the  said  board  of  county  road  commissioners  through 
their  respective  representatives  thereon;  and  upon  the  recommendation  of  such  board, 
if  approved  and  with  the  consent  of  the  county  commissioners,  all  work  upon  the 
county  roads  which  shall  have  thus  been  determined  upon  shall  be  given  out  by 
contract,  and  the  board  of  county  road  commissioners  shall  advertise  for  proposals 
to  do  said  work,  which  advertisement  shall  be  published  at  the  expense  of  the 
county  in  the  newspapers  doing  the  county  printing;  the  contract  shall  be  awarded 
by  the  board  of  county  road  commissioners,  to  the  lowest  responsible  bidder,  and 
the  road  commissioners,  by  whom  said  contracts  are  awarded,  shall  immediately  report 
the  same  and  all  their  proceedings  in  reference  thereto  to  the  county  commissioners. 

1898,  ch.  531. 

203  E.  The  district  boards  of  road  commissioners  shall,  in  addition  to  having 
the  supervision  of  all  public  roads  of  their  respective  districts,  be  the  custodians  of 
all  the  tools  and  machinery  used  for  road  purposes;  shall  make  report  when  required 
by  the  county  commissioners,  giving  the  condition  of  the  road,  the  work  needed  to  be 
done,  the  machinery,  implements  and  tools  owned  by  the  county,  the  condition  of 
the  same  and  how  distributed,  the  tools  and  machinery  that  may  be  needed,  and 
shall  perform  such  other  duties  as  may  from  time  to  time  be  deemed  expedient  by  the 
county  commissioners. 

Ibid. 

203  F.  No  contract  for  any  permanent  road  improvement  work  shall  be  awarded,  or 
be  valid  for  any  purpose  if  awarded,  unless  a  notice  specifying  the  work  and  materials, 
and  inviting  bids  or  propositions  to  do  or  furnish  the  same,  shall  have  been  pub¬ 
lished  by  the  county  commissioners  at  the  request  of  the  board  of  county  road  com¬ 
missioners  for  at  least  three  weeks  in  some  paper  published  and  circulating  in  the 
county;  every  contract  made  for  permanently  improving  any  county  road  or  part 
thereof  shall  be  let  to  the  lowest  responsible  bidder  for  the  road  section,  bridge  or 
other  work,  as  the  case  may  be,  and  shall  be  based  upon  carefully  prepared  specifi¬ 
cations  of  the  work  and  materials  required,  class,  and  how  worked,  to  which  reference 
shall  be  expressly  made  in  the  contract,  and  no  money  shall  be  paid  for  any  work 
done  or  material  furnished  unless  it  shall  have  been  done  or  furnished  in  strict 
conformity  to  the  terms  of  the  contract  and  specifications.  No  contract  shall  be 
awarded  for  any  road  contract  of  any  sort  or  description,  or  be  valid  for  any  pur¬ 
pose,  if  awarded,  unless  the  person  or  party  whose  bid  or  proposition  is  accepted  shall 
at  the  time  of  signing  the  contract  execute  and  deliver  a  bond  to  the  county  in  a 
penalty  of  not  less  than  twice  the  contract  price,  with  not  less  than  three  resident 
freeholders  of  the  county  as  sureties,  conditioned  for  the  faithful  performance  of 
his  contract,  to  put,  or  to  put  and  keep,  as  the  case  may  be,  all  public  roads  in  his 
section  or  district  in  good  condition  and  repair,  to  do  all  work,  labor  and  furnish 
material  in  accordance  with  the  terms,  and  to  pay  all  damages  that  may  accrue  to 
any  one  by  reason  of  such  roads  not  being  put,  or  put  and  kept,  as  the  case  may  be, 
in  good  condition;  or  to  execute  his  contract  of  construction,  as  the  case  may  be. 
The  board  of  county  road  commissioners  shall  present  such  contracts  and  bonds  to 
the  county  commissioners  at  any  called  or  regular  meeting.  The  same  person  may  be 
awarded  the  contract  for  one  or  more  road  sections,  but  a  separate  and  distinct 
contract  shall  be  entered  into  by  such  contractor  for  each  section  awarded  to  him; 
and  no  person  shall  be  awai’ded  contracts  for  more  than  three  sections. 

Ibid. 

203  G.  Should  the  board  of  county  road  commissioners  fail  for  any  good  cause 
to  make  a  contract  for  any  road  or  district  or  section,  it  shall  be  their  duty  to 
employ  some  suitable  and  competent  person  or  persons  to  perform  such  work  and 
make  such  needed  repairs  upon  any  road  or  roads  in  such  district  or  section  as  they 
may  deem  necessary,  and  such  work  and  repair  shall  be  under  the  supervision  of  the 
district  road  commissioners,  and  when  necessary  they  may  appoint  some  suitable 
person  to  superintend  such  work  and  repair,  on  such  terms  as  they  may  think  best 
for  the  interest  of  the  county. 


Repairs  by 
contract. 


Custodians  of  tools 
and  machinery. 


Public  notice 
inviting  bids. 


Bond  for  contract. 


Work  not  done 
by  contract. 


22 


THE  ROAD-LAWS  OF  MARYLAND 


1898,  ch.  531. 

Report  of  road  203  H.  It  shall  he  the  duty  of  every  road  contractor  to  report  in  writing,  under 
contractor,  f 0  the  board  of  district  road  commissioners  on  or  before  the  2d  day  of  each 

month,  setting  forth  the  amount  and  character  of  the  work  done  by  him  during 
the  preceding  month,  the  number  of  hands  and  teams  employed,  and  the  total  number 
of  days  worked  by  them  and  the  material  purchased  and  its  cost,  and  any  other 
facts  and  statements  that  the  board  of  district  road  commissioners  may  require. 
The  board  shall  carefully  examine  such  reports  and  shall  indicate  in  writing  on  such 
reports,  or  attached  thereto  any  errors  therein,  and  if  correct  shall  certify  the  same 
on  such  reports,  and  file  all  such  reports  for  the  use  of  the  county  commissioners. 
The  county  commissioners  shall  examine  such  reports  and  may  correct  and  approve 
the  same  and  order  such  amount  as  directed  by  the  board  of  district  road  commis¬ 
sioners  to  be  paid  thereon  as  the  county  commissioners  may  deem  just,  but  the 
Payment,  commissioners  shall  not  pay  in  full  for  any  special  or  permanent  work  to  be  per- 
when  made,  formed  by  contract  until  the  same  has  been  completed  and  accepted  and  approved 
by  the  board  of  district  road  commissioners.  At  any  June  meeting  of  the  county 
commissioners  in  every  year  they  shall  settle  in  full  with  all  contractors  for  the 
preceding  year,  if  no  objections  have  been  made,  but  no  such  settlement  shall  be  a 
bar  to  the  county  or  any  individual  x-ecovering  any  damages  that  may  be  sustained 
by  reason  of  any  defective  work  or  other  failure  on  the  part  of  the  contractor  to  per¬ 
form  the  duties  required  in  the  contract.  Before  any  final  settlement  is  made  with 
any  contractor,  some  member  of  the  district  board  of  road  commissioners  shall  first 
have  made  a  personal  inspection  of  the  roads  in  such  conti*actor’s  section  or  district, 
and  shall  cei’tify  that  he  has  made  such  personal  inspection,  and  that  the  contractor 
has  perfoi-med  his  work  fully  and  satisfactorily,  according  to  his  contract;  provided, 
such  report  shall  be  only  received  when  approved  by  a  majority  of  such  board  of 
district  road  commissioners. 

Ibid. 

Failure  of  con-  203  I.  If  any  contractor  shall  fail  to  perform  any  work  within  the  time  specified, 
tractor;  substitute.  or  to  comply  with  any  notice  or  order  that  may  have  been  served  upon  him 

as  provided  in  section  203  P,  the  board  of  district  road  commissioners  shall  be 
authorized  to  have  such  work  done  by  any  other  persons  and  report  the  same  to 
the  county  commissioners,  with  the  cost  thereof,  and  the  county  commissioners  shall 
deduct  such  cost  from  any  amount  that  may  then  be  or  thereafter  due  such  contractors, 
and  if  such  cost  exceeds  the  total  amount  that  may  be  thereafter  due  such  contractor, 
the  county  commissioners  shall  order  suit  to  be  brought  on  such  contractor’s  bond 
for  such  amount  of  such  expense  and  expenditures  so  made  and  yet  unpaid.  Nothing 
therein  shall  prevent  the  contractor  from  pleading  as  a  defense  to  such  failure  to 
perform  his  work  in  the  time  specified  in  the  contract,  that  the  same  was  caused 
by  unusual  weather,  and  that  with  ordinary  care  he  could  not  have  avoided  such 
delay;  and  if  the  board  of  district  road  commissioners  shall  be  satisfied  that  such 
has  been  the  cause  of  the  delay,  they  shall  give  such  contractor  further  l’easonable 
time  to  perform  such  work,  and  the  contractor  shall  not  be  liable  for  any  damages 
to  the  county  for  such  delay,  when  so  authorized. 

Ibid. 

Appeal.  203  K.  Any  contractor  shall  have  the  right  to  appeal  from  any  order  of  the  county 
commissioners  or  board  of  district  road  commissioners  affecting  his  interests  as  such 
contractor,  such  appeals  to  be  governed  by  the  law  regulating  such  appeals  from  a 
justice  of  the  peace.  When  any  appeal  is  taken  by  any  contractor,  the  cause  shall  be 
entitled,  “  Road  Contractor  of  Election  District  No.  — ,  appellant,  against  County 
Commissioners  of  Anne  Arundel,  defendant.” 

Ibid. 

Bonds,  preserved  203  L.  All  bonds  of  contractors  or  other  persons  shall  be  carefully  preserved  and 
and  recorded.  recorded  on  file  in  the  office  of  the  clerk  of  said  county  commissioners.  A  copy  of 
any  such  bond  shall  be  competent  as  evidence  thereof  in  any  suit,  proceeding  or 
prosecution  against  the  contractor  and  his  sureties,  or  either  of  them,  for  breach  of 
said  contract.  The  said  county  commissioners,  or  any  person  aggrieved,  may,  from 
time  to  time,  institute  suit  against  the  contractor  and  his  sureties  on  said  bond  (or 


MARYLAND  GEOLOGICAL  SURVEY 


23 


against  his  or  their  personal  representatives)  in  any  court  of  competent  jurisdiction 
for  any  loss  or  damages  sustained  hy  the  acts  or  omissions  of  the  contractor,  or  to 
restrain  payment  of  any  money  due  the  contractor.  The  said  bond  shall  not  he  void 
or  discharged  on  the  first  or  any  other  recovery,  nor  until  persons  aggrieved  shall  be 
satisfied.  And  for  any  wilful  and  intentional  violation  of  or  failure,  without  good 
cause,  to  discharge  any  duty  prescribed  by  this  sub-title,  the  contractor  shall  be 
deemed  guilty  of  a  misdemeanor,  and  shall,  on  conviction,  be  fined  therefor  not  less 
than  five  dollars  ($5)  nor  more  than  one  hundred  dollars  ($100),  to  be  recovered  by 
warrant  in  the  name  of  the  State,  to  be  issued  by  and  returnable  before  any  justice 
of  the  peace  in  said  county;  and  it  shall  be  the  duty  of  any  person  aggrieved  or  injured 
to  have  such  warrant  issued  upon  his  knowledge  or  upon  information  of  another  on 
oath.  On  the  trial  of  such  cause  the  contractor  shall  be  entitled  to  a  jury,  if 
demanded,  and  either  party  may  enter  an  appeal  to  the  Circuit  Court,  as  other  appeals 
are  now  taken. 

1898,  ch.  531. 

203  M.  The  board  of  county  road  commissioners  may,  by  order  of  record,  designate  Special  work  and 
special  work  and  improvement  to  be  done  on  high,  first  and  second  class  roads,  and  improvement; 
may  let  contracts  for  working  and  improving  high,  first  and  second  class  roads  contract- 
separate  from  the  contract  for  working  the  road  by  sections  in  the  districts  in  which 
such  roads  may  be  situated,  and  may  include  one  or  more  high,  first  class  or  second 
class  roads  in  one  and  the  same  contract,  the  contract  for  such  roads  to  be  under 
the  same  regulations  as  provided  in  sections  203  D  and  203  F  for  working  or  letting 
roads  by  sections.  The  board  of  district  road  commissioners  shall,  as  far  as  practi¬ 
cable,  require  the  work  and  improvement  on  high  and  first-class  roads  to  be  permanent 
and  worked  by  improved  road  machinery,  and  to  this  end  shall  aim  to  improve  the 
grade  of  such  roads  as  the  same  will  justify,  giving  the  preference  to  such  of  these 
roads  as  may  be  of  the  greatest  public  use  and  when  any  road  is  convenient  to  rock, 
shells  or  gravel,  shall  have  such  road  or  any  part  thereof  macadamized,  shelled  or 
graveled;  and  the  board  of  county  commissioners  shall,  if  possible,  have  two  general 
roads,  extending  through  the  entire  county,  systematically  and  continuously  improved 
in  each  of  the  several  election  districts  through  which  the  same  extend,  so  that  the 
same  may  be  completed  and  form  good,  continuous  high  roads. 

Ibid. 

203  N.  All  bids  when  received  shall  be  immediately  and  publicly  read  on  the  day  Public  reading 
and  at  the  time  and  place  named  in  said  advertisement,  and  the  county  board  of  of  bids- 
road  commissioners  may  reject  all  bids  if  in  their  opinion  good  cause  exists  therefor, 
but  otherwise  they  shall  award  the  contract  to  the  lowest  responsible  bidder,  who  shall 
give  satisfactory  evidence  of  his  ability  to  perform  the  contract;  provided,  however, 
that  the  estimated  contracts  awarded  in  one  year  by  the  county  board  of  road  com¬ 
missioners  shall  not  exceed  the  district  road  tax  as  assessed  by  the  board  of  county 
commissioners  for  the  preceding  year.  When  the  contract  is  executed  by  the  county 
board  of  road  commissioners  and  by  the  bidder,  a  copy  of  the  contract  with  the  esti¬ 
mated  cost  of  the  work  shall  be  forthwith  filed  with  the  county  commissioners,  and 
be  by  them  safely  kept  as  herein  provided. 

Ibid. 

203  O.  The  board  of  county  road  commissioners  are  authorized  and  directed,  with  Manner  of  * 
the  approval  of  the  county  commissioners,  to  let  all  work  for  annual  repair  and  letting  work, 
maintenance  of  county  roads  by  single  road  sections,  and  either  for  all  classes  of 
roads  in  such  section  or  for  special  work  on  particular  class  of  roads  as  specified, 
though  one  or  more  sections  may  be  let  to  the  same  bidder  or  contractor.  All  such 
contracts  shall  be  for  one  or  two  years,  beginning  on  the  first  day  of  May  of  each 
year.  The  several  district  boards  of  road  commissioners  shall  require  the  provisions  of 
the  contracts  and  specifications  to  be  strictly  adhered  to  by  the  contractors  or 
other  persons  doing  work.  A  certificate  of  the  cost  of  every  road  constructed  under 
this  sub-title  shall  be  filed  with  the  county  commissioners  by  the  board  of  road  com¬ 
missioners  of  the  district  in  which  said  road  shall  have  been  constructed,  and  the 
said  county  commissioners  shall,  when  the  same  may  become  due  and  as  demanded, 


24 


THE  ROAD-LAWS  OF  MARYLAND 


Control  of 
contractors  and 
employees. 


Complaints. 


Use  of  funds. 


Private 

contributions. 


thereupon  draw  orders  upon  the  treasurer  in  favor  of  the  respective  contractors  for 
the  sums  certified  as  aforesaid,  and  the  treasurer  shall  pay  the  same  as  provided 
out  of  the  money  of  the  road  fund  in  the  treasury,  with  the  reservations  hereinafter 
set  forth.  The  district  board  of  road  commissioners  shall  file  a  certificate  with  the 
county  commissioners,  which  shall  state  the  amount  of  money  due  the  various  con¬ 
tractors  or  other  persons  for  the  construction,  repair  and  permanent  improvement  of 
roads  under  this  sub-title,  and  the  county  commissioners  shall  cause  to  be  paid  to 
such  persons  said  money  as  set  forth  in  said  certificate,  in  accordance  with  the  terms 
of  the  contract,  out  of  any  money  in  the  treasury  of  the  county  not  otherwise  appro¬ 
priated,  and  in  any  manner  or  time  as  specified  in  the' contractor’s  agreement,  under  the 
limitations  and  with  the  reservations  aforesaid  and  hereinafter  stated. 

1898,  ch.  531. 

203  P.  Each  contractor  or  employee  shall  be  at  all  times  under  the  direction,  super¬ 
vision  and  control  of  the  board  of  district  road  commissioners  of  the  district,  who  shall 
see  that  all  provisions  of  the  law  and  orders  of  the  board  relating  to  roads  and 
highways,  concerning  the  duties  of  such  contractor  or  other  person,  are  faithfully 
and  promptly  executed.  When  five  or  more  resident  taxpayers  shall  petition  or 
complain  to  any  board  of  district  road  commissioners,  setting  forth  that  any  road  in 
any  district  of  the  county  is  out  of  and  in  need  of  immediate  repair,  or  that  the 
work  or  repair  is  not  being  properly  done  in  accordance  with  the  contract  or  specifi¬ 
cations,  it  shall  be  the  duty  of  the  district  board  of  road  commissioners  to  investigate, 
or  cause  to  be  investigated,  the  alleged  complaint  and  the  condition  of  such  road, 
and  if  the  same  be  found  to  be  well  taken,  or  if  the  road  complained  of  be  found 
to  be  out  of  and  in  need  of  repair,  or  not  in  accordance  with  the  contract,  such  district 
board  of  road  commissioners,  shall  require  the  contractor  or  other  person  whose 
duty  it  shall  be  to  properly  construct  such  roads,  or  remedy  the  cause  of  such  com¬ 
plaint,  or  perform  and  do  such  work  as  shall  be  required  and  stated  in  such  notice; 
or  shall  order  such  road  to  be  immediately  placed  in  good  and  passable  repair  in  the 
manner  provided  in  the  contract,  and  the  provisions  of  this  section  shall  apply  as  well 
to  any  bridge  or  culvert  in  said  county  as  to  any  road  therein.  Such  written  notice 
shall  be  served  upon  or  sent  to  the  contractor  describing  the  locality  where  such 
defect  exists,  and  requiring  such  contractor  to  repair  or  remedy  such  defect  complained 
of  within  five  days  from  the  receipt  of  such  notice,  sent  to  his  postoffice  address; 
and  every  such  contractor  wilfully  failing  to  comply  with  the  requirements  of  such 
notice  be  guilty  of  a  misdemeanor,  and  shall  for  every  offense  be  subject  to  a  fine 
of  five  dollars  and  costs. 

Ibid. 

203  Q.  No  part  of  the  funds  arising  from  district  road  taxes  shall  be  used  in 
repairing  or  rebuilding  bridges  or  culverts  or  approaches  thereto  exceeding  twenty 
feet  span.  All  bridges  and  culverts  exceeding  such  span  or  costing  over  five  hundred 
dollars  shall  be  under  the  exclusive  control  of  the  county  commissioners,  who  shall  keep 
the  same  in  repair  and  rebuild  when  necessary;  and  the  funds  for  that  purpose 
shall  be  raised  and  included  in  the  general  road  fund,  and  no  bridge,  the  cost  of  con¬ 
struction  or  repair  of  which  exceeds  five  hundred  dollars,  must  be  constructed  or 
repaired,  except  on  the  order  of  the  board  of  county  commissioners;  and  when  ordered 
to  be  constructed  or  repaired,  it  shall  be  done  by  contract.  But  before  any  contract 
shall  be  let,  as  provided  herein,  the  county  commissioners  shall  advertise  for  bids 
therefor,  at  least  once  a  week  for  two  successive  weeks,  in  a  newspaper  of  general 
circulation  in  the  county,  and  the  contract  shall  then  be  awarded  to  the  lowest 
responsible  bidder,  who  shall,  before  entering  upon  the  performance  of  the  work, 
execute  and  deliver  to  the  commissioners  a  bond,  with  two  or  more  sureties,  to  be 
approved  by  the  commissioners,  in  a  penalty  not  less  than  twice  the  amount  for  which 
the  contract  is  awarded. 

Ibid. 

203  R.  If  the  property  owner  or  owners  along  any  road  in  any  district  of  the 
county  which  has  not  been  permanently  improved,  or  is  not  undergoing  improvement 
under  the  provisions  of  this  subtitle,  shall  desire  any  section  of  the  road  in  such 
district  improved,  and  are  willing  to  contribute  the  whole  expense  of  labor  of  such 


MARYLAND  GEOLOGICAL  SURVEY 


25 


improvement,  outside  of  cost  of  material,  the  board  of  district  road  commissioners  of 
such  district  shall,  upon  the  written  request  of  such  owner  or  owners,  cause  a  plan 
of  such  section  of  roads  so  to  be  improved  to  be  made,  in  which  shall  be  given  the 
levels  and  distances  and  also  specifications  which  shall  state  the  materials  that  can 
be  used,  and  the  manner  of  using  them,  and  a  copy  of  such  plan,  specifications,  and 
bids  shall  be  submitted  to  the  board  of  county  road  commissioners,  and  if  such 
board  shall  approve  them  it  shall  be  lawful  for  such  owner  or  owners  to  proceed 
to  build  such  section  of  road  according  to  the  plan  and  specifications,  and  have  control 
of  the  expenditure  of  money  used  to  make  such  improvement,  subject  to  the  approval 
and  supervision  of  the  board  of  district  road  commissioners  or  some  one  designated 
by  them;  and  upon  the  completion  of  the  improvement  to  the  satisfaction  of  the  said 
board,  and  upon  the  submission  to  them  of  receipts  showing  full  payment  for 
materials  furnished  and  work  done  under  the  specifications,  the  said  board  of  district 

road  commissioners  shall  file  a  certificate  with  the  clerk  of  the  board  of  county 

commissioners  of  said  county,  which  certificate  shall  state  the  completion  of  the 
improvement  and  the  cost  thereof,  and  thereafter  such  section  of  road  so  improved 
shall  be  a  county  road  of  such  clasj  as  may  be  determined. 

1898,  ch.  531. 

203  S.  It  shall  be  unlawful  for  any  highway  to  be  dug  up  for  laying  or  placing 

pipes,  sewers,  posts,  wires,  railways  or  other  purposes,  and  no  tree  shall  be  planted 

or  removed  or  obstruction  placed  thereon,  except  by  the  written  consent  of  the  board 
of  district  road  commissioners,  and  then  only  in  accordance  with  the  rules  and 
regulations  of  said  board  of  district  road  commissioners;  and  in  all  such  cases  the 
work  shall  be  executed  under  the  supervision  and  satisfaction  of  said  commissioners, 
and  the  entire  expense  of  replacing  the  highway  in  as  good  condition  as  before  shall 
be  paid  by  the  parties  to  whom  the  consent  was  given  or  by  whom  the  work  was  done. 


Ibid. 

203  T.  Any  person  desiring  to  make  a  private  road  leading  into  and  connecting 
with  a  county  road,  shall,  first  secure  permission  so  to  do  from  the  district  board  of 
road  commissioners,  and  any  road,  bridge  or  culvert  so  desired  or  necessary  to  be 
built,  must  be  built  in  accordance  with  the  requirements  and  specifications  of  said 
board,  and  at  the  cost  of  such  person  so  building  the  same.  If  such  roadway,  bridge, 
culvert  or  other  entrance  to  or  connection  with  a  public  road  is  not  done  in  accord¬ 
ance  with  the  directions  of  said  board  of  district  road  commissioners,  then  such  shall 
be  deemed  an  obstruction  upon  such  highway,  and  the  same  may  be  removed  and 
the  party  proceeded  against  as  provided  for  obstructing  county  roads  in  section  203  U. 


Ibid. 

203  U.  If  any  corporation  or  individual  shall  by  unusual  use  of  any  public  road, 
materially  damage  the  same,  such  person  or  corporation  shall  be  required  to  repair 
all  damages  caused  by  such  use  of  the  same.  The  contractor  or  board  of  district 
road  commissioners  shall,  at  any  time  when  necessary,  notify  such  corporation, 
company  or  individual  of  their  duty  as  provided  in  this  section;  and  should  the  said 
parties  so  notified  fail,  in  a  reasonable  length  of  time,  to  be  stated  in  the  notice,  to 
make  such  repairs,  such  parties  shall  be  deemed  guilty  of  a  misdemeanor  in  obstruct¬ 
ing  the  public  roads;  and  if  any  person,  unless  duly  authorized  by  the  district  board 
of  road  commissioners  or  a  contractor  of  the  road  district,  shall  leave  any  wagon 
plow  or  vehicle,  unless  in  the  event  of  an  unavoidable  accident,  or  shall  put  any 
garbage,  rubbish,  grass,  weeds  or  waste  material  of  any  kind  into  any  public  road 
in  said  county,  with  the  intent  to  permit  the  same  to  remain  therein,  such  person  so 
offending  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  of  any 
such  offense  under  this  section  shall  forfeit  and  pay  a  fine  of  not  less  than  one 
nor  more  than  fifty  dollars,  together  with  the  costs  of  prosecution;  and  in  default  of 
the  payment  thereof  shall  be  imprisoned  in  the  county  jail  not  exceeding  ten  days, 
or  both  so  fined  and  imprisoned,  in  the  discretion  of  the  court  or  the  justice  trying 
the  same.  J  ° 


Injury  to 
highways,  etc 


Private  road 
leading  into 
county  road. 


Repairs  for 
unusual  damages. 


Obstruction. 


26 


THE  ROAD-LAWS  OF  MARYLAND 


Sidewalks, 
injury  to  roads. 


Contractors, 
how  paid. 


Pecuniary  interest. 


District  road 
commissioners. 


Change  of  road  at 
railroad  crossing. 


Road  supervisors. 


Bond. 


1898,  ch.  531. 

203  V.  Any  person  who  shall  maliciously  and  intentionally  ride  or  drive  upon  a 
pavement  or  sidewalk,  or  shall  wilfully  obstruct,  or  injure  or  destroy  any  of  said 
public  roads  or  bridges,  any  index  or  finger-board,  or  any  culvert  or  ditch  on  said 
public  roads,  or  shall  wilfully  injure  any  of  the  tools  or  implements,  or  who  shall 
without  right,  take  possession  of  or  use  or  appropriate  the  same,  shall  be  guilty  of 
a  misdemeanor,  and  shall  be  fined  for  each  such  offense  not  less  than  one  nor  more 
than  fifty  dollars,  and  costs  of  prosecution,  to  be  recovered  as  other  such  penalties 
are  recoverable,  and  shall  also  be  liable  in  a  civil  action  for  double  damages  to  the 
county  or  to  any  person  injured  thereby,  to  be  recovered  in  any  court  or  before  any 
tribunal  of  the  county  having  jurisdiction  of  the  amount  claimed.  It  shall  be  the 
duty  of  the  contractor  and  his  assistants,  and  of  all  constables  and  sheriffs,  to  report 
promptly  to  the  board  of  district  road  commissioners  and  to  some  justice  of  the 
peace  any  and  all  violations  of  this  section. 

Ibid. 

203  W.  It  shall  be  unlawful  for  any  contractor  doing  repair  work  or  keeping  road 
in  general  annual  repair  to  receive  more  than  one-half  of  his  contract  price  within 
any  six  months  of  each  and  every  year;  and  in  no  case  shall  any  contractor  receive 
more  than  eighty  per  cent  of  his  contract  until  said  work  has  been  absolutely  and 
entirely  approved  and  accepted  by  the  board  of  district  road  commissioners,  and  duly 
certified  to  the  county  commissioners,  and  no  objections  existing  on  file;  the  county 
commissioners  shall  then  issu£  their  proper  certificate  for  the  amount  due  and 
payable;  provided,  that  in  case  of  special  or  permanent  work  or  material  furnished 
payment  shall  be  made  as  agreed  upon  by  the  board  of  county  road  commissioners, 
duly  approved  by  the  board  of  county  commissioners;  but  if  any  written  protest  shall 
have  been  filed,  the  same  shall  be  heard  and  determined  by  the  board  of  district  road 
commissioners  before  payment  can  be  made  on  any  contract,  either  for  repair  work 
or  permanent  improvement. 

Ibid. 

203  X.  No  member  of  any  board  of  road  commissioners  or  of  county  commissioners 
shall,  either  personally  or  as  a  member  of  any  firm  or  a  stockholder  in  any  corpora¬ 
tion,  be  pecuniarily  interested  directly  or  indirectly  as  a  contractor  or  employee  in 
any  contract  entered  into  or  work  carried  on  by  or  for  such  board. 

Ibid. 

The  road  commissioners  of  said  county,  appointed  as  such  under  chapter  464  of 
the  Acts  of  1896,  shall  be  among  the  district  road  commissioners  appointed  under 
this  Act,  and  shall  respectively  be  the  chairmen  of  the  boards  of  district  road  com¬ 
missioners  in  their  several  districts,  and  shall  constitute  for  two  years  from  the 
time  of  their  appointment  under  this  Act  the  board  of  county  road  commissioners 
under  this  Act. 

(1888)  Art.  ILL 
BALTIMORE  COUNTY. 

1874,  chapter  213. 

184.  All  railroad  companies  now  in  existence,  or  hereafter  to  be  created,  shall 
have  authority  to  raise  or  lower  any  public  road,  avenue,  street  or  other  highways 
in  said  county,  in  such  manner  as  to  enable  said  company  to  pass  such  road,  avenue, 
street  or  highway,  under  or  over  such  railroad;  but  such  work  of  raising  or  depression 
shall  be  done  in  a  manner  satisfactory  to  the  county  commissioners. 

1894,  ch.  447. 

188.  The  county  commissioners  of  Baltimore  county,  at  their  first  meeting  in 
January  in  every  year  hereafter,  shall  appoint  one  read  supervisor  in  each  election 
district,  to  act  as  such  for  one  year  from  the  time  of  his  appointment  or  until  his 
successor  shall  qualify,  who  shall  give  bond  to  the  county  commissioners,  conditioned 
for  the  faithful  performance  of  his  duties,  in  a  sum  equal  to  the  amount  of  the  general 


MARYLAND  GEOLOGICAL  SURVEY 


27 


road  tax  levied  from  the  district  for  which  he  is  appointed,  and  who  shall  he  paid 
snch  reasonable  salary  as  the  county  commissioners  shall  determine,  having  regard 
to  the  service  performed  by  him. 

1894,  ch.  447. 

189.  It  shall  be  the  duty  of  said  road  supervisors  to  superintend  the  construction 
and  repair  of  all  roads,  bridges  and  culverts  in  their  respective  districts,  including 
all  work  done  or  given  out  under  contract;  but  no  supervisor  shall  have  any  pecuniary 
interest  in  any  contract  and  shall  furnish  no  team  for  any  work  (unless  previously 
authorized  in  writing  by  the  county  commissioners);  and  when  the  construction  and 
repair  of  roads  shall  not,  in  any  district  or  subdistrict,  be  given  out  under  any 
contract,  the  supervisors  shall  employ  the  necessary  labor  and  teams  to  do  the  work 
required,  and  shall  dispose  of  the  same  in  such  manner  as  will  be  most  economical 
and  best  for  the  public  benefit;  and  all  bills  for  contracts  and  for  labor  and  material 
supplied  in  the  roads,  shall  be  sworn  to  and  approved  by  the  supervisor  before  payment 
by  the  county  commissioners. 

Ibid. 

190.  Each  road  supervisor  shall  divide  the  roads  of  his  district  into  convenient 
sections  and  number  them,  and  if  desirable,  make  sub-divisions  of  his  district;  and 
he  shall  keep  an  account  of  all  work,  and  other  transactions  pertaining  to  the  roads 
of  his  district,  showing  the  kind  and  quality  of  work  done  on  each  section  of  road,  by 
whom  the  work  was  done,  and  the  cost  of  the  same,  which  shall  be  returned  monthly 
to  the  county  commissioners,  who  shall  keep  a  record  of  the  same,  to  be  at  all  times 
open  for  public  inspection. 

Ibid. 

191.  Any  supervisor  shall  be  subject  to  removal,  by  the  county  commissioners,  for 
neglect  or  refusal  to  comply  with  the  duties  of  his  office;  provided,  notice  of  the 
charge  be  given  and  he  have  an  opportunity  to  appear  and  reply  to  the  same;  and 
if  any  supervisor  shall  resign  or  be  removed,  his  place  shall  be  filled  by  the  county 
commissioners  immediately  thereafter. 


Ibid. 

192.  The  county  commissioners  shall  keep  a  record-book  for  each  district,  in  which 
shall  be  recorded  all  the  roads  and  bridges  of  the  district,  and  all  surveys  and  other 
proceedings  which  may  be  had  in  reference  to  any  road  or  bridge  in  that  district, 
the  cost  of  procuring  such  books  to  be  paid  for  out  of  the  general  road  fund. 

Ibid. 

193.  The  road  supervisors  herein  provided  for  shall  take  charge  of  all  the  roads 
and  bridges  in  their  respective  districts,  and  shall  see  that  no  obstructions,  hindrance 
or  injury  is  permitted  upon  any  road  or  bridge  under  their  supervision;  and  when 
any  road  or  bridge  shall  form  the  boundary  between  districts,  the  county  com¬ 
missioners  shall  assign  to  each  district  its  portion  of  said  road  or  bridge;  and 
any  person  placing  obstruction  of  any  kind  whatsoever  on  the  public  roads,  or  in 
any  side  ditches  thereof,  shall  be  liable  to  a  fine  of  five  dollars  and  cost  for  each 
and  every  such  offense,  which  shall  be  imposed  by  any  justice  of  the  peace  of 
the  district  within  which  said  offense  shall  be  committed,  upon  the  complaint  of  the 
road  supervisor  having  charge  of  said  road;  provided,  said  person  having  been  notified 
to  remove  said  obstruction  by  the  road  supervisor  shall  fail  to  do  so  within  two  days 
after  notification;  and  provided  further,  that  the  person  so  placing  said  obstruction  on 
the  public  roads,  or  in  the  siie  ditches,  shall  be  liable  to  a  fine  of  five  dollars  for 
each  day  that  he  permits  said  obstruction  to  remain,  the  said  fine  to  be  in  addition 
to  the  original  fine  of  five  dollars,  after  the  expiration  of  said  two  days,  to  be  im¬ 
posed  by  said  justice  in  like  manner  as  said  original  fine,  said  fine  to  be  paid  by 
the  justice  to  the  county  commissioners  of  Baltimore  county,  and  placed  by  them  to 
the  credit  of  the  district  in  which  it  has  been  imposed,  said  fine  to  be  enforceable 
as  other  fines  imposed  by  the  justice  of  the  peace. 


Duties. 


Division  of 
districts. 


Neglect  of  duty. 


Record  book. 


Obstructions  on 
roads  and  bridges. 


Penalty. 


28 


THE  ROAD-LAWS  OF  MARYLAND 


1894,  ch.  447. 

Tax-levy  for  roads  194.  The  county  commissioners  shall  annually  levy  upon  the  assessable  property 
and  bridges.  0f  Baltimore  county,  at  the  time  of  making  the  county  levy,  not  less  than  fifteen 
cents  nor  more  than  twenty-five  cents  on  the  one  hundred  dollars,  for  the  use  of 
the  county  roads  and  bridges,  which  shall  be  collected  as  other  county  taxes  are 
collected,  of  which  five  cents  on  the  hundred  shall  be  set  apart  as  a  general  road 
and  bridge  fund,  and  be  applied  to  the  general  use  and  the  benefit  of  the  roads  and 
bridges  in  Baltimore  county,  and  to  no  other  purpose,  and  the  remainder  of  the  tax 
so  levied  and  collected  for  roads  and  bridges  shall  be  set  apart  as  a  special  road 
and  bridge  fund,  which  shall  be  for  the  use  and  benefit  of  that  district  from  which  it 
has  been  collected,  and  for  no  other  purpose. 

Ibid. 

Purchase  of  stone.  195.  Of  the  taxes  levied  and  set  apart  as  a  special  road  and  bridge  fund,  not  less 
than  three-fourths  thereof  shall  be  expended  in  the  purchase  of  broken  stone,  or 
other  hard  material,  to  be  used  on  roads  in  such  manner  as  the  commissioners,  with 
the  assistance  of  the  supervisor,  may  determine,  unless  on  application  of  taxpayers, 
resident  in  the  neighborhood,  the  commissioners  may  determine  upon  any  section  of 
I’oad  to  devote  a  larger  proportion  than  one-fourth  of  said  fund  to  grading  or  other 
pressing  need;  and  the  county  commissioners  may,  if  it  shall  appear  to  be  in  the 
interest  of  economy,  purchase  one  or  more  stone-crushers  out  of  the  fund  set  apart 
as  the  general  road  and  bridge  fund,  for  the  purpose  of  supplying  stone  for  the  use 
on  the  roads,  to  be  operated  in  such  manner  as  they  shall  determine. 

Ibid. 

Application  for  196.  Whenever  any  person  or  persons  shall  desire  to  improve  any  road,  to  an 
improvement  extent  beyond  that  contemplated  by  the  county  commissioners  and  the  supervisor  of 
the  district  where  it  is  located,  they  may  make  application  to  the  commissioners  by 
petition  by  setting  forth  the  location  of  the  road  to  be  improved,  the  extent  and 
character  of  the  improvement,  and  probable  cost  thereof;  and  if  the  county  com¬ 
missioners,  after  considering  the  same  and  probable  cost  thereof,  shall  be  satisfied 
that  the  public  interest  will  be  promoted  thereby,  they  may  direct  the  expenditure  of 
an  amount  not  exceeding  three  hundred  dollars  per  mile;  provided,  the  petitioners  for 
such  improvement  shall  first  pay  into  the  treasury  of  the  county  an  amount  not 
less  than  double  that  appropriated  by  the  county  commissioners;  and  all  such  money 
shall  be  expended  under  the  direction  of  the  supervisor  of  the  district  where  the 
improvements  are  to  be  made. 

Ibid. 

Deed  of  road  197.  Whenever  any  owner  of  property  in  Baltimore  county  shall  have  opened, 
by  owner.  iaifl  out  0r  graded  any  avenue  or  road  for  the  public  convenience  and  Is  willing  to 
dedicate  the  same  to  public  uses,  and  good  and  sufficient  deed  duly  recorded,  the 
county  commissioners  are  authorized  to  accept  the  same,  if  in  their  opinion  the  same 
be  necessary  and  convenient,  for  public  use;  and  upon  such  acceptance  the  said 
avenue  or  road  so  dedicated  shall  be  kept  in  good  order  and  repair  by  the  road  super¬ 
visor  of  the  district  in  which  it  may  be  situated;  provided,  however,  that  previous 
to  such  acceptance  said  road  shall  not  be  less  than  thirty  feet  in  width  and  duly  and 
properly  graded,  in  the  judgment  of  the  county  commissioners. 

Ibid. 

Public  highway  198.  Whenever  any  road  shall  have  been  in  use  for  twenty  years,  though  the 
established.  same  may  not  have  been  condemned  or  granted  as  a  public  highway,  the  county 
commissioners,  if  they  deem  public  necessity  requires  the  adoption  of  the  same  as 
such,  shall  declare  the  said  road  to  be  a  public  highway,  with  full  power  to  relocate 
and  straighten  the  same,  in  their  discretion,  and  shall  publish  a  notice  to  that  effect, 
once  a  week  for  two  successive  weeks,  in  one  or  more  newspapers  published  in  Bal¬ 
timore  county;  provided,  said  road  shall  not  be  less  than  thirty  feet  in  width;  and 
such  road  so  declared  to  be  a  public  highway,  shall  be  kept  in  good  order  and  repair 
by  the  road  supervisor  of  the  district  in  which  such  road  is  situated,  as  other  public 
roads  are. 


MARYLAND  GEOLOGICAL  SURVEY 


29 


1894,  ch.  447. 

199.  Whenever  any  doubt  exists  as  to  the  proper  location  or  width  of  a  road, 
the  supervisor  of  the  district,  under  the  direction  of  the  county  commissioners,  may 
cause  the  same  to  be  surveyed  and  make  such  alterations  as  the  public  convenience 
may  require,  subject,  as  to  the  rights  of  any  person,  of  the  provision  contained  in 
this  act,  for  the  opening  of  new  roads. 


Ibid. 

200.  Where  there  shall  not  be  sufficient  money  in  the  county  treasury,  set  apart 
as  a  general  road  and  bridge  fund,  to  meet  the  requirements  of  the  county  at  large, 
the  county  commissioners  are  hereby  authorized  to  borrow  upon  the  credit  of  the 
county,  a  sum  not  exceeding  twenty  thousand  dollars  therefor,  and  shall  pay  the 
same,  together  with  the  interest,  out  of  the  general  road  and  bridge  fund,  and  said 
fund  shall  be  used  for  no  other  purpose. 

Ibid. 

201.  All  applications  for  opening,  altering  or  closing  roads  shall  be  by  petition  to 
the  county  commissioners. 

Ibid. 

202.  Whenever  any  taxable  inhabitant  or  inhabitants  of  Baltimore  county  intend 
to  petition  the  county  commissioners  for  opening,  altering  or  closing  any  road,  he 
shall  give  thirty  days’  notice  thereof  in  one  or  more  of  the  newspapers  published  in 
Baltimore  county,  setting  forth,  as  near  as  may  be,  the  length  and  location  of  said 
road. 

Ibid. 

203.  Counter  petitions  may  be  presented  to  the  county  commissioners  at  any  time 
within  fifteen  days  after  the  expiration  of  the  thirty  days’  notice,  provided  for  in 
section  202  of  this  act;  and  when  any  counter  petitions  are  so  presented,  the  county 
commissioners  shall  appoint  a  day  when  the  petition  and  counter  petitions  shall  be 
heard,  and  shall  consider  the  same  and  such  other  testimony  as  may  come  before 
them,  and  determine  the  case  as  in  their  opinion  shall  seem  right  and  proper. 

Ibid. 

204.  Whenever  the  county  commissioners  shall  decide  that  it  is  expedient  that 
a  road  be  opened,  as  provided  in  the  preceding  section,  they  may  contract  with  the 
owner  or  owners  of  the  land  through  which  the  said  road  is  intended  to  run,  for  the 
right  of  way  necessary  for  said  road,  if  he,  she  or  they  be  competent  to  contract, 
and  in  case  the  said  county  commissioners  shall  so  contract,  they  shall  cause  a  plat 
of  the  said  road  to  be  made  by  a  competent  surveyor,  and  filed  and  recorded  in  the  office 
of  the  clerk  of  the  Circuit  Court  for  Baltimore  county,  which  said  plat  shall  be  referred 
to  in  and  shall  be  a  part  of  said  deed  or  deeds,  and  the  lands  so  conveyed  shall  be 
and  become  thenceforth  the  property  of  the  county,  in  the  same  manner  and  to  the 
same  extent  as  other  county  roads,  and  no  further,  subject  to  the  public  rights  of 
way  over  the  same;  and  it  shall  be  lawful  for  the  said  county  commissioners  of 
Baltimore  county  so  to  contract  for  lands  for  a  public  wharf,  drains  for  county  roads 
or  other  public  use  or  uses,  which  said  land  shall  be  the  property  of  said  county, 
subject  to  said  use  or  uses;  and  whenever  the  county  commissioners  shall  deem  it 
expedient  that  examiners  should  be  appointed  to  view  the  grounds  for  the  purpose 
of  opening,  altering  or  closing  a  road,  they  shall  appoint  three  persons  as  examiners, 
who  shall  be  freeholders  in  the  county,  and  not  interested  in  or  holding  lands  through 
which  the  road  is  proposed  to  be  opened,  altered  or  closed;  but  the  appointment  of 
examiners  shall  not  prevent  the  said  county  commissioners,  at  any  time  thereafter 
from  contracting  with  the  owner  or  owners  as  above  provided;  and  the  county 
commissioners  of  said  county  are  authorized,  when  the  county  roads  cannot  bo 
conveniently  drained  by  drains  along  the  said  county  roads,  to  make  the  same  upon 
the  property  outside  the  limits  thereof;  and  they  shall  contract  for  the  lands  that 
may  be  required  for  that  purpose  as  above  provided,  or  they  may  proceed  to  con¬ 
demn  the  lands  that  may  be  necessary  for  the  purpose,  under  the  provisions  of 
sections  248  to  253,  both  inclusive,  article  23,  title  “  Corporations.” 


Survey  of  road. 


Permission  to 
borrow  money. 


Petition. 


Notice  by 
petitioner. 


Counter  petitions. 


Contracts  for 
right  of  way. 


Appointment  of 
examiners. 


30 


THE  ROAD-LAWS  OF  MARYLAND 


1894,  ch.  447. 

Oath  of  examiners.  205.  The  examiners,  before  they  proceed  to  act  as  such,  shall  take  an  oath 
to  execute  the  trust  reposed  in  them,  faithfully  and  without  favor,  affection  or 
partiality;  which  oath  shall  be  endorsed  on  the  order  of  appointment  and  returned 
therewith. 

Ibid. 

Meeting  of  206.  Said  examiners,  or  a  majority  of  them,  shall  give  notice  of  the  time  and 
examiners.  piace  of  meeting  by  publishing  the  same  once  a  week  for  two  successive  weeks  in 
some  newspaper  or  newpapers  published  in  Baltimore  county,  and  by  causing  a  copy 
of  the  same  to  be  delivered  to  every  owner  through  or  along  whose  property  the 
proposed  road  will  pass,  or  be  publicly  posted  on  said  property,  in  case  the  owner  can¬ 
not  be  found,  at  least  five  days  before  the  day  of  meeting;  and  in  case  the  owner 
be  an  infant  or  von  compos  mentis;  then  a  copy  of  said  notice  shall  be  left  with 
the  parent  or  guardian  of  said  infant,  or  with  the  committee  or  person  having  charge 
of  the  person  alleged  to  be  non  compos  mentis;  and  at  the  time  appointed,  the 
examiners  or  a  majority  of  them,  shall  meet  on  the  premises  and  proceed  to  examine 
and  determine  whether  the  public  convenience  requires  that  the  road  should  be  opened, 
altered  or  closed,  as  the  case  may  be;  but  they  shall  have  power  to  adjourn  from  time 
to  time. 

Ibid. 

Location  of  road.  207.  If  the  application  be  for  opening,  closing  or  altering  a  road,  and  if  they  shall 
determine  that  the  public  convenience  requires  that  the  road  should  be  opened, 
closed  or  altered,  they  shall  proceed  to  locate  the  same  in  such  manner  as  will  in  their 
Plat,  judgment  best  promote  the  public  convenience;  and  shall  cause  a  plat  of  the  same, 
and  also  of  the  old  road,  when  the  application  is  to  alter  or  close  a  road,  to  be 
made  out  under  the  direction  of  a  competent  surveyor,  and  shall  return  the  same, 

together  with  a  full  report  of  their  proceedings,  under  their  hands,  to  the  county 

commissioners,  with  the  reason  on  which  their  opinions  are  founded. 

Ibid. 

Report  of  208.  If  they  shall  be  of  opinion  that  the  road  ought  not  to  be  opened,  altered  or 
examiners,  shut  up,  they  shall  report  their  opinion  to  the  county  commissioners,  together  with 
the  reasons  on  which  it  is  founded. 

Ibid. 

Estimate  of  cost.  209.  Whenever  any  road  shall  be  located  and  surveyed  as  a  public  road,  the  board 
of  examiners  shall  make  an  estimate  of  the  cost  of  making  said  road,  and  also  of  the 
damages,  if  any,  to  be  paid,  and  shall  assess  the  damages  and  benefits  caused  thereby 
upon  the  persons  interested,  and  the  district,  respectively,  in  such  proportions  as 
Assessment  of  they  may  deem  just  and  proper,  and  shall  cause  notice  to  be  given  to  all  persons 

damages  and  assessed,  of  their  respective  assessments,  by  publication  in  one  or  more  newspapers 

benefits.  of  Baltimore  county  once  a  week  for  two  successive  weeks,  and  that  objections  thereto 
may  be  filed  with  the  county  commissioners  within  thirty  days  from  the  first  publi¬ 
cation  of  said  notice,  and  shall  furnish  to  the  county  commissioners  a  report  of 
such  assessment;  and  if  any  person  or  body  corporate,  or  district,  acting  through 
its  supervisor,  shall  feel  aggrieved  by  the  award,  report,  return  or  proceeding  of  said 
board  of  examiners,  he,  she  or  it,  within  thirty  days  after  said  report  is  filed  in 
Objections,  the  office  of  the  county  commissioners,  shall  file  his,  her  or  its  objection  in  writing, 
and  the  county  commissioners,  after  five  days’  notice  to  each  side  interested,  or  as 
soon  thereafter  as  practicable,  shall  proceed  to  consider  the  award,  return,  report, 
plat  and  proceedings  of  said  examiners,  and  all  the  proceedings  in  said  case,  and 
they  may  ratify  and  confirm,  reject,  reverse,  alter,  amend  or  correct  the  award,  return 
report,  plat  and  proceedings  in  said  case,  or  may,  in  their  discretion,  send  back  to 
said  examiners  the  award,  return,  report,  plat  and  proceedings  for  alteration,  correc- 
Right  of  appeal,  tion  or  amendement;  and  any  person  interested  in  said  proceedings  may  appeal  from 
the  final  order  of  ratification  or  rejection  of  the  county  commissioners  of  said  county 
to  the  Circuit  Court  for  said  county;  provided,  said  appeal  is  taken  within  thirty 
days  from  the  passage  of  said  final  order  of  ratification  or  rejection;  and  provided, 
further,  that  the  cost  of  the  record,  in  case  of  appeal,  shall  be  paid  or  tendered  to 


MARYLAND  GEOLOGICAL  SURVEY 


31 


the  clerk  of  the  county  commissioners  within  thirty  days  from  the  date  of  said  appeal; 
and  in  case  the  said  costs  of  said  appeal  are  not  so  paid  or  tendered  within  said 
period,  it  shall  be  lawful  for  the  county  commissioners  to  proceed  to  act  in  the 
premises  as  if  no  such  appeal  had  been  taken;  and  in  case  any  appeal  is  taken 
to  the  Circuit  Court  for  said  county,  and  a  motion  is  filed  to  quash  the  proceedings  in 
said  case,  any  of  the  proceedings  may  be  amended  as  to  matters  of  form,  so  that 
the  case  be  tried  on  its  merits,  and  the  purposes  of  justice  subserved;  or  the  court 
may,  in  its  discretion,  remand  said  case  to  the  county  commissioners  for  alteration, 
correction  or  amendment;  and  all  persons  so  appealing  to  the  Circuit  Court  for  Balti¬ 
more  county  shall  be  secured  in  the  right  to  a  jury  trial;  and  the  said  court  shall 
direct  the  sheriff  of  Baltimore  county  to  summon  twelve  or  more  persons,  qualified 
to  be  jurors,  and  shall  impanel  any  twelve  disinterested  persons  so  summoned  to  try 
any  questions  of  fact,  and,  if  necessary,  to  view  any  property  in  question,  and  to 
determine  the  proper  amount  of  damages  or  benefits  due  on  account  of  the  same; 
and  when  final  judgment  is  entered  by  the  Circuit  Court  in  any  case,  said  court  may 
determine  whether  the  costs  shall  be  paid  by  the  appellant  or  appellee. 

1894,  ch.  447. 

210.  The  county  commissioners  shall  not  advertise  any  notice  of  application  for 
opening  any  new  road,  or  widening,  straightening,  altering  or  closing  any  old  road, 
or  parts  of  any  old  road,  unless  the  parties  interested  in  said  application  shall  pay 
to  the  treasurer  of  Baltimore  county  such  sum  or  sums  of  money  as  may  be  neces¬ 
sary  to  pay  the  expenses  of  advertising,  surveyirg,  making  plat  and  the  per  diem  of 
examiners,  and  any  other  expenses  that  may  be  incurred,  before  the  proceedings  in 
the  case  shall  be  finally  ratified  and  ordered  to  be  recorded;  and  when  the  assess¬ 
ments  for  benefits  shall  have  been  collected  and  paid  into  the  treasury  of  Baltimore 
county,  the  county  commissioners  shall  give  an  order  on  the  treasurer  for  the  sum 
or  sums  of  money  paid  to  him  by  the  parties  for  such  purposes. 

Ibid. 

211.  When  no  objection  shall  have  been  filed  within  the  time  hereinbefore  desig¬ 
nated,  or  if  objection  shall  have  been  filed  and  the  road  petitioned  for  be  confirmed 
by  the  county  commissioners  of  said  county,  and  if  in  case  of  appeal,  the  order  of 
the  county  commissioners  is  affirmed  by  the  Circuit  Court  for  said  county,  the 
county  commissioners  shall  record  or  cause  to  be  recorded  such  road  as  a  public  road 
of  Baltimore  county,  and  the  award,  if  for  damages,  shall  be  paid  by  the  county  com¬ 
missioners  to  the  person  or  persons,  or  body  corporate,  entitled  to  receive  the  same, 
within  ninety  days  from  the  ratification  of  said  award  and  report;  and  the  award, 
if  for  benefits,  shall  be  considered  a  tax  and  lien  upon  the  property  assessed,  and  shall 
be  paid  to  the  county  commissioners  or  the  treasurer  of  said  county,  upon  the  order 
of  said  commissioners,  within  sixty  days  from  the  time  the  award  and  report  are 
finally  ratified  and  confirmed  as  aforesaid;  and  if  not  then  paid,  shall  be  collected 
as  other  taxes  are  collected;  provided,  that  thirty  days’  notice  is  given  to  the  owner 
or  owners  of  the  property  taken  for  such  road,  or  to  his,  her  or  its  agent  or 
attorney,  or  left  upon  the  premises  in  case  the  owner  is  unknown;  provided,  that  in 
case  the  damages  allowed  by  said  examiners  to  any  person  or  persons  or  body  corpor¬ 
ate,  shall  be  increased  either  by  order  of  the  county  commissioners  of  said  county, 
or  by  the  Circuit  Court  for  said  county  upon  an  appeal  from  the  decision  of  said 
county  commissioners,  or  in  case  the  amount  of  benefits  assessed  against  any  person 
or  persons  or  body  corporate  by  said  examiners,  be  decreased  either  by  order  of 
the  county  commissioners  or  by  the  decision  of  the  Circuit  Court  for  Baltimore  county, 
upon  appeal  from  the  county  commissioners,  then  the  parties  petitioning  for  said  road 
shall  pay  pro  rata  according  to  their  assessments,  the  deficit  caused  by  said  increase  of 
damages  or  decrease  of  said  benefits,  the  same  to  be  collected  the  same  as  are 
assessments  for  benefits  as  hereinbefore  provided;  and  provided  further,  that  no 
work  shall  be  done  on  any  road  so  ratified  and  confirmed  until  all  the  assessments 
for  the  construction  of  said  road  shall  have  been  paid,  or,  in  the  event  of  a  reduc¬ 
tion  of  any  assessment  for  benefits  or  increase  ot  any  damages  upon  appeal  or  other¬ 
wise,  as  above  provided,  until  the  amount  of  the  deficit  thereby  caused  shall  have  been 


Jury  trial. 


Expense  of  adver¬ 
tising,  etc. 


Public  road 
established. 


Payment  of 
damages. 

Benefits  to 
be  a  lien. 


Notice  to  owner. 


32 


THE  KOAD-LAWS  OF  MARYLAND 


made  up  and  paid  by  the  petitioners;  the  county  commissioners  of  said  county  shall 
Award  of  contract,  then  advertise  for  sealed  proposals  for  the  construction  of  said  road  according  to  the 
specifications  furnished  by  said  examiners,  and  the  contract  shall  be  awarded  to 
the  lowest  responsible  bidder;  provided,  the  contract  price  shall  not  exceed  the 
amount  of  the  net  assessments  collected  for  the  building  of  said  road;  and  the  person 

Bond  of  contractor,  or  persons  contracting  for  the  building  of  said  road  shall  give  bond  to  the  county 

commissioners,  in  double  the  amount  of  the  contract  price,  for  the  faithful  perform¬ 
ance  of  the  contract;  and  the  county  commissioners  shall  not  pay  in  full  for  making 
such  road  until  the  same  shall  have  been  thoroughly  examined  and  accepted  by  them; 
and  all  roads  opened  under  the  provisions  of  this  article  shall  be  at  least  thirty 
feet  wide. 

1894,  ch.  447. 

Building  and  212.  The  building  and  repairs  of  all  bridges  in  Baltimore  county  shall  be  under 
repair  of  bridges,  the  control  of  .  the  county  commissioners ;  and  whenever  twenty  or  more  taxable 

inhabitants  of  said  county  shall  desire  the  building  or  repairs  of  any  bridge,  they 

may  make  application  to  the  county  commissioners  by  petition,  setting  forth  the 
location  of  the  proposed  bridge,  or  the  character  and  extent  of  the  proposed  repairs, 
and  the  probable  cost  of  the  same;  the  county  commissioners  may  then  appoint  a 
Board  of  board  of  examiners,  to  consist  of  the  supervisor  of  the  district  in  which  the  bridge  may 
examiners.  ke,  one  disinterested*  taxpayer  to  be  named  by  the  petitioners,  and  the  bridge 
superintendent  of  the  county,  to  meet  on  the  premises  on  some  day  to  be  named 
in  the  order  of  appointment  and  examine  and  determine  whether  the  public  con¬ 
venience  required  the  granting  of  the  application,  and  the  probable  cost  thereof; 
and  they  shall  report  in  writing  their  opinion  and  determination  in  the  premises  and 
their  reasons  therefor;  and  if  the  county  commissioners  shall  be  of  the  opinion  that 
such  application  ought  to  be  granted,  if  it  be  for  a  new  bridge,  or  extensive  repairs 
upon  a  standing  bridge,  they  shall  advei’tise  in  two  or  more  newspapers  in  Baltimore 
county,  setting  forth  the  location  of  the  proposed  bridge,  with  full  specifications  of 
the  size,  plan  and  materials,  and  that  sealed  proposals  for  building  or  repairing  such 
bridge  will  be  received  until  a  certain  day  and  hour  in  said  advertisement  named. 
Award  of  contract.  The  county  commissioners  shall  award  the  contract  for  the  work  to  the  lowest  re¬ 
sponsible  and  competent  builder;  the  contractor  shall  give  bond  in  double  the  amount 
of  the  contract  price  for  the  faithful  performance  of  the  contract;  and  the  commis¬ 
sioners  shall  in  no  case  fully  pay  for  such  work  until  it  shall  have  been  thoroughly 
examined  and  accepted  by  them. 

1898,  ch.  309. 

Superintendent  213.  The  county  commissioners,  as  soon  as  convenient  after  the  passage  of  this 
of  bridges.  Act,  and  on  the  first  Tuesday  in  January  of  every  second  year  thereafter,  shall  appoint 
a  competent  and  trustworthy  person  who  shall  thoroughly  understand  the  business 
of  bridge  building,  as  superintendent  of  bridges  in  said  county.  It  shall  be  his  duty 
to  make  drawings  and  furnish  specifications  for  all  new  bridges  to  be  erected  and 
to  make  specifications  for  all  repairs  on  old  bridges  when  the  same  shall  be  necessary. 
He  shall  superintend  the  building  of  all  new  bridges  and  culverts,  and  locate  the 
same  whether  built  by  contract  or  by  the  road  supervisors.  He  shall  also  superintend 
all  repairs,  and  examine  and  report  in  writing  to  the  commissioners  upon  all  new 
bridges  or  repairs  made,  and  give  his  written  opinion  as  to  the  strict  performance  of 
the  terms  of  the  contract  by  the  contractor,  and  whether  such  work  should  be 
accepted  or  not. 

Ibid. 

Repair  of  bridges.  214.  Whenever  any  bridge  may  need  repairs,  the  commissioners  may  direct  that 
such  repairs  shall  be  made  by  the  road  supervisor  of  the  district  under  the  super¬ 
vision  of  the  superintendent  of  bridges.  It  shall  also  be  the  duty  of  the  superin¬ 
tendent  of  bridges  to  measure  all  road  material  put  on  the  roads  and  avenues  in 
Baltimore  county  when  the  quantity  is  one  hundred  cubic  yards  or  more.  He  shall 
report  in  writing  to  the  county  commissioners,  the  first  Tuesday  in  every  month,  the 
quantity  of  material  measured  the  preceding  month  and  the  roads  and  avenues  on 
which  the  material  was  used.  The  salary  of  the  superintendent  of  bridges  shall  be 
twelve  hundred  dollars  per  year.  He  shall  bond  in  the  sum  of  two  thousand  five 
hundred  dollars  for  the  faithful  performance  of  his  duties. 


MARYLAND  GEOLOGICAL  SURVEY 


33 


1894,  ch.  447. 

215.  The  county  commissioners,  at  the  time  of  the  annual  tax  levy,  are  author¬ 
ized,  directed  and  required  to  make  a  special  annual  levy  of  ten  cents  on  each 
hundred  dollars  of  the  whole  assessable  property  of  the  thirteenth  election  district 
of  Baltimore  county,  to  be  collected  as  other  county  taxes  in  said  county  are  collected; 
and  when  collected,  to  be  used  by  the  county  commissioners  exclusively  for  the 
purchase  of  stone  or  other  suitable  hard  materials  for  the  purpose  of  macadamizing  the 
county  roads  of  said  district;  provided,  fifty  or  more  taxable  residents  of  said 
district  shall,  prior  to  each  annual  levy,  petition  the  said  county  commissioners,  asking 
that  such  special  levy  be  made. 

Ibid. 

216.  Every  taxpayer  of  said  district  shall  have  the  privilege  of  working  out  this 
special  tax  by  hauling  stones  or  other  suitable  hard  material  upon  the  county  road 
nearest  his  farm  or  residence,  at  such  price  per  perch  for  the  same  as  may  be 
fixed  by  the  road  supervisor  for  said  district,  subject  to  the  approval  of  the  county 
commissioners;  and  said  road  supervisors,  immediately  after  the  levy  in  each  year, 
shall,  subject  to  the  approval  of  the  county  commissioners,  fix  a  uniform  price  for 
said  materials,  as  far  as  practicable;  and  whenever  he  is  satisfied  that  any  tax¬ 
payer  has  fully  worked  out  this  special  road  tax,  he  shall  give  such  taxpayer  a  certifi¬ 
cate  to  that  effect,  which  shall  be  received  by  the  treasurer  and  collector  of  taxes 
for  Baltimore  county  as  so  much  money  in  lieu  of  said  tax. 

Ibid. 

217.  The  county  commissioners  are  authorized  and  empowered  to  lay  out  and  con¬ 
struct,  under  the  provisions  of  this  subtitle,  such  roads  or  avenues  within  that  part 
of  the  thirteenth  election  district  of  Baltimore  county  lying  within  two  miles  of  the 
present  limits  of  the  city  of  Baltimore,  and  south  and  east  of  Washington  road,  as 
may  be  demanded  for  the  convenience  of  the  people  of  said  district. 


Ibid. 

218.  This  Act  shall  not  affect  the  validity  of  any  proceedings  in  reference  to  the 
opening,  closing  or  altering  of  any  roads  which  may  have  been  begun  before  the 
passage  hereof. 


1896,  ch.  469. 

It  shall  not  be  lawful  for  any  person  or  persons  or  corporation,  whose  business  is 
that  of  a  common  carrier,  to  stop  its  or  their  vehicles,  cars  or  engines  upon  any 
of  the  road-beds  or  crossings  of  any  of  the  public  roads  in  Baltimore  county,  over  or 
across  which  the  said  vehicles,  cars  or  engines  may  run,  for  a  longer  period  of  time 
than  is  necessary  to  take  on  or  let  off  its  or  their  passengers  or  freight  there  waiting, 
not  exceeding,  at  any  one  time  a  period  of  fifteen  minutes. 

Any  person  or  persons  or  corporation,  its  officers  or  agents,  violating  the  provisions 
of  the  above  section  shall  be  liable  to  a  fine  of  not  less  than  twenty  dollars,  nor 
more  than  one  hundred  dollars  to  be  recovered  before  any  justice  of  the  peace  of 
Baltimore  county,  subject,  however,  to  the  right  of  appeal  to  the  Circuit  Court  for 
Baltimore  county. 


(1888),  art.  Y. 

CALVERT  COUNTY. 

1898,  ch.  182. 

110.  On  the  Tuesday  next  after  the  first  Monday  in  the  month  of  November,  in  the 
year  eighteen  hundred  and  ninety-eight,  on  the  same  day  every  two  years  thereafter, 
there  shall  be  held  in  Calvert  county  an  election  for  three  road  commissioners  in  said 
county,  and  the  persons  having  the  largest  number  of  votes  shall  be  deemed  duly 
elected  road  commissioners  for  said  county;  and  the  whole  number  of  persons  thus 
3 


Tax  for  roads  in 
13th  election 
district. 


Taxpayers  may 
work  out  tax. 


Roads  in  13th 
district. 


Not  to  affect 
present  proceeding. 


Obstruction 
of  roads. 


Penalty. 


Election  of  road 
commissioners. 


34 


THE  ROAD-LAWS  OE  MARYLAND 


elected  shall  constitute  a  commission,  to  be  styled,  “  The  Board  of  Road  Commis¬ 
sioners  of  Calvert  County  provided,  however,  the  present  board  of  road  commis¬ 
sioners  now  in  office  shall  remain  therein  for  the  time  for  which  they  were  elected— 
that  is,  until  the  election  and  qualification  of  their  successors  under  the  provisions 
of  this  Act. 


1898,  ch.  182. 

Organization.  111.  On  the  second  Tuesday  in  March  succeeding  their  election  the  said  board  of 
road  commissioners  shall  meet  at  Prince  Frederick,  in  an  office  to  be  provided  for 
them  by  the  county  commissioners  of  said  county,  and  shall  qualify  by  each  taking 
an  oath  before  the  clerk  of  the  Circuit  Court  for  said  county  “  that  he  will  faithfully 
and  diligently,  and  to  the  best  of  his  ability,  execute  the  office  of  Road  Commissioner 
of  Calvert  County,”  and  shall  then  organize  by  electing  one  of  their  number  to  be 
president  of  said  board,  and  the  majority  of  said  board  of  road  commissioners,  if  in 
their  discretion  they  shall  deem  it  necessary,  shall  have  power  to  appoint  a  clerk  to 
said  board,  who  shall  receive  the  sum  of  fifty  dollars  per  annum,  to  be  paid  by  the 
road  commissioners  of  Calvert  county  out  of  the  said  fund;  and  on  the  same  day, 
Road  supervisors,  or  as  soon  thereafter  as  possible,  they  shall  appoint  a  person  from  each  election 
district  of  said  county  to  serve  for  two  years,  unless  sooner  removed  by  the  board 
of  road  commissioners,  as  road  supervisor  of  said  district. 


Ibid. 

Inspection  of  roads.  112.  Before  the  first  day  in  April  next  succeeding  their  election  the  road  com¬ 
missioner  and  road  supervisor  of  each  district  shall  go  over  and  inspect  the  public 
roads  in  their  respective  districts;  and  the  said  commissioner  shall  advise  and  instruct 
the  said  supervisors  as  to  the  manner  in  which  the  said  roads  shall  be  repaired, 
widened  and  permanently  improved,  and  the  order  of  time  in  which  the  work  is 
to  be  done,  and  it  shall  be  the  duty  of  the  county  commissioners  to  furnish  to  said 
board  of  road  commissioners  such  books  of  record  and  accounts  as  they  may  require. 


Ibid. 

Duties  of  113.  Each  of  the  said  road  supervisors  shall  employ  laborers,  the  number  so 
supervisors,  employed  to  be  designated  by  the  road  commissioner  of  his  district,  to  work  with 
said  road  supervisor  on  the  public  roads  in  his  district.  He  shall  keep  an  accurate 
account  of  the  exact  hour  at  which  each  laborer  begins  his  work  and  the  number 
of  hours  he  is  engaged  therein  each  day  he  is  so  employed,  and  he  shall  be  present 
with  said  laborers  the  entire  time,  directing  and  assisting  them;  and  at  every  monthly 
meeting  of  said  board  of  road  commissioners  he  shall  submit  to  said  board  the  account 
herein  required  to  be  kept  as  aforesaid,  and  make  oath,  to  be  administered  by  one  of 
said  board,  that  the  said  account  is  a  true  statement  of  the  exact  number  of  hours 
each  laborer  was  engaged  in  active  work  on  the  public  roads  in  his  district  during  the 
preceding  month,  and  that  he  was  present  with  said  laborers  the  entire  time  they  were 
so  engaged;  and  if,  for  any  reason,  the  said  supervisor  is  compelled  to  be  absent 
during  the  time  the  said  laborers  are  engaged  in  work  on  said  roads,  by  sickness 
or  otherwise,  he  is  hereby  required,  authorized  and  empowered  to  select  some  com¬ 
petent  person  to  act  in  his  stead,  who  shall  receive  the  same  compensation  as  said 
supervisor  so  absenting  himself,  to  be  deducted  from  the  said  supervisor’s  salary;  and 
the  said  supervisor  shall  state  in  the  monthly  statement  to  be  submitted  to  the 
board  of  road  commissioners  as  aforesaid  the  number  of  hours  he  was  so  absent  and 
the  reason  therefor,  and  if  he  shall  fail  to  keep  and  produce  at  said  monthly  meeting 
an  account  as  above  provided,  or  if  any  account  so  produced  shall  contain  any  false 
statement,  or  if  the  said  supervisor  shall  fail  to  perform  all  the  duties  required  of 
him  as  specified  by  the  preceding  section,  and  therein  specifically  set  forth,  to  the 
damage  of  the  public,  or  the  satisfaction  of  the  said  board  of  road  commissioners, 
he  shall  be  at  once  dismissed  from  his  position  by.  said  board.  And  the  accounts  herein 
required  to  be  exhibited  by  said  supervisor  shall  be  kept  on  file  by  the  board  of 
road  commissioners  in  their  office  at  Prince  Frederick. 


MARYLAND  GEOLOGICAL  SURVEY 


35 


(1888),  art.  v.  1898,  ch.  182* 

114.  It  shall  be  the  duty  of  the  road  commissioners  to  go  over  and  inspect  the  Monthly 
work  done  by  said  supervisors  at  least  once  a  month,  and  to  make  such  suggestions  inspections, 
and  alterations  as  in  their  judgment  they  shall  deem  necessary. 

Ibid.  1880,  ch.  366.  1888,  ch.  160. 

115.  The  said  supervisor  shall  have  the  power  to  hire  such  horses,  oxen,  wagons,  Hiring  of  animals 
carts,  plows  and  other  implements  necessary  for  the  successful  performance  of  his  and  implements, 
duties  herein  required  of  him  as  supervisor  of  said  roads;  and  at  each  monthly  meet¬ 
ing  of  said  board  of  road  commissioners  he  shall  submit  to  said  board  a  statement 

showing  everything  hired  by  him  during  the  preceding  month,  from  whom  the  same 
were  hired  and  the  sum  agreed  to  be  paid  for  the  hire  thereof;  but  nothing  in  this 
section  shall  authorize  the  said  supervisor  to  hire  anything  whatever,  contrary  to  the 
advice  and  order  of  the  road  commissioners  of  his  district. 

Ibid. 

116.  The  said  board  of  road  commissioners  shall  meet  at  their  office  in  Prince  Payment  of  super- 
Frederick  on  the  second  Tuesday  of  every  month  in  each  year  except  the  months  of  visors  and  laborers. 
December,  January  and  February,  at  which  meeting  they  shall  receive  and  carefully 

examine  the  accounts  and  statement  made  by  the  said  supervisor  as  hereinbefore  pro¬ 
vided  for,  and  from  said  accounts  compute  the  number  of  days  each  laborer  has  been  em¬ 
ployed  on  the  public  roads  in  said  county,  and  the  number  of  days  the  said  supervisor 
has  been  engaged  therein,  allowing  in  such  computation  ten  hours  of  active  work  to 
constitute  one  day,  and  twenty-six  days  to  constitute  one  month;  and  each  laborer 
shall  be  paid  at  the  rate  of  twenty-six  dollars  per  month,  and  each  supervisor  at  the 
rate  of  thirty-five  dollars  per  month;  and  the  said  board  of  road  commissioners  shall 
deliver  to  said  supervisor  and  each  laborer,  -signed  by  at  least  two  members  of  the 
board  of  road  commissioners,  an  order  on  the  collector  of  taxes  for  his  election  district 
for  the  sum  of  money  which  may  be  found  to  be  due  to  each  of  them  as  aforesaid; 
and  at  each  of  said  monthly  meetings,  any  person  having  a  claim  for  the  hire  of 
horses,  oxen,  wagons,  carts,  plows,  or  for  any  implement  hired  by  him  to  a  super¬ 
visor  of  the  roads,  may  present  the  same  to  the  said  board  of  road  commissioners,  and 
make  affidavit  before  one  of  said  board  of  commissioners  as  to  the  correctness  of 
said  account;  and  if  the  said  board  shall  be  satisfied  that  the  same  is  proper  to  be 
paid,  they  shall  give  to  said  claimant  an  order,  signed  as  aforesaid,  on  the  collector 
of  taxes  of  the  district  in  which  said  claimant  resides,  for  the  sum  of  money  said 
commissioners  shall  find  to  be  due  to  said  claimant. 

Ibid.  1880,  ch.  366.  1888,  ch.  160. 

117.  The  county  commissioners,  at  their  annual  meeting  for  levying  county  taxes,  Road-tax  levy 
shall  levy  on  the  assessable  property  of  the  county  such  sums  of  money  as  said  and  expenditure, 
board  of  road  commissioners  shall  notify  them  in  writing  will  be  required  for  keeping 

in  repair  the  public  roads  of  the  county  for  one  year,  not,  however,  to  exceed  the 
sum  of  four  thousand  dollars;  and  it  shall  be  the  duty  of  the  said,  board  of  road 
commissioners  to  give  the  said  notice  to  the  said  county  commissioners  before  the 
meeting  of  said  county  commissioners  to  make  the  annual  levy;  and  the  said  road 
commissioners  and  the  said  county  commissioners  shall  keep  an  account,  showing  the 
number,  date  and  the  amount  of  each  order  drawn  by  the  board  of  road  commis¬ 
sioners  on  collector  of  taxes  as  aforesaid;  and  in  the  annual  statement  of  the  expenses 
of  the  county  published  each  year  by  the  said  county  commissioners  in  pursuance 
or  section  11  of  article  25  of  the  code  of  public  general  laws,  title  “  County  Commis¬ 
sioners,”  it  shall  be  made  to  clearly  appear  what  sums  of  money  have  been  expended 
in  the  public  roads  of  said  county;  and  no  order  drawn  on  the  collector  of  taxes  by 
the  said  board  of  road  commissioners  shall  bear  interest,  unless  the  same  shall  be 
presented  for  payment  to  the  county  commissioners  while  the  said  county  commis¬ 
sioners  are  in  session  for  the  purpose  of  receiving  and  passing  accounts  against  the 
county,  next  succeeding  the  issual  of  said  order. 


Salary  of 
commissioners. 


Malfeasance 
in  office. 


Width  of  roadbed. 


Drainage. 


Punishment  for 
injury  to  drainage 
of  roads. 


New  gates  across 
public  roads. 


Gates  across  public 
roads  forbidden. 


Removal  of  gates. 


36 


THE  ROAD-LAW S  OF  MARYLAND 


,  1898,  cli.  182. 

118.  Each  of  said  road  commissioners  shall  receive  the  sum  of  one  hundred 
dollars,  payable  annually  by  the  road  commissioners  out  of  the  road  fund,  for  per¬ 
forming  the  duties  of  his  office.  But  upon  any  charge  of  malfeasance  or  misfeasance 
preferred  against  them,  or  any  one  of  them,  pertaining  to  the  duties  of  their  office, 
being  sustained,  they  shall,  upon  conviction,  be  deemed  guilty  of  a  misdemeanor,  and 
shall  forfeit  the  salary  then  due  them,  in  addition  to  a  fine  to  be  imposed  by  the 
court  having  criminal  jurisdiction,  in  its  discretion,  and  shall  lose  their  office.  And 
the  county  commissioners  shall  appoint  some  person  to  fill  the  vacancy  occurring 
thereby  until  the  next  ensuing  election  for  road  commissioners. 

Ibid. 

119.  It  shall  be  the  duty  of  the  supervisor,  in  preparing  any  roadbed  where  they 
have  to  throw  up  earth  to  allow  proper  drainage,  to  make  such  places  in  said  roads 
wide  enough  for  two  vehicles  to  pass  each  other,  and  to  remove  and  keep  clear  all 
obstructions  at  least  fifteen  feet  from  the  center  of  said  roads,  and  to  require  all 
owners  to  remove  their  fences  which  infringe  on  said  road  fifteen  feet  from  the  center 
of  the  same. 


(1888),  art.  5.  1880,  ch.  366. 

120.  If  in  the  construction  and  repair  of  the  public  roads  of  the  county  it  be  neces¬ 
sary  for  the  proper  drainage  of  said  roads,  it  shall  be  lawful  for  said  road  commis¬ 
sioners  and  the  supervisors  to  let  off  the  water  therefrom  upon  the  adjoining  lands, 
at  such  places  as  may  be  proper  and  necessary;  provided,  it  shall  be  done  with  as 
little  injury  as  possible  to  the  owners  of  said  lands,  and  provided  the  drains  through 
such  lands  be  continued  so  as  to  prevent  the  spreading  of  the  water  so  let  off  the 
roads  over  cultivated  fields. 


1880.  ch.  366. 

121.  If  any  person  shall  obstruct,  fill  up  or  otherwise  wilfully  injure  the  drains 
made  for  conducting  the  water  from  the  public  roads,  or  shall  encroach  upon  any 
public  roads  by  fences  or  other  obstruction,  or  dig  any  ditch  or  drain  across  any 
road,  and  fail  to  keep  such  ditch  or  drain  welf  covered  and  in  good  repair  for  the 
passage  of  vehicles  over  the  same,  or  if  any  person  shall  drain  any  water  into  or 
upon  any  public  road,  each  and  every  such  person,  for  every  such  offense,  shall  be 
subject  to  a  fine,  for  the  use  of  the  county,  of  not  less  than  ten  nor  more  than  one 
hundred  dollars. 

1878,  ch.  404. 

122.  It  shall  not  be  lawful  for  any  person  to  erect  a  gate  upon  or  across  any 
public  road  in  Calvert  county  where  there  is  not  now  a  gate  already  erected;  and 
any  person  violating  the  provisions  of  this  section  shall,  upon  conviction  thereof  before 
a  justice  of  the  peace  for  Calvert  county,  be  adjudged  guilty  of  a  misdemeanor,  and 
be  fined  not  more  than  fifty  nor  less  than  ten  dollars,  which  fine  shall  be  collected 
as  other  small  debts  are,  and  shall  be  paid  to  the  county  commissioners. 

1880,  ch.  305. 

123.  It  shall  not  be  lawful  for  any  person  to  erect  or  keep  any  gate  on  or  across 
any  public  road  in  Calvert  county;  and  any  person  violating  this  section  shall,  on 
conviction  thereof  before  a  justice  of  the  peace,  be  adjudged  guilty  of  a  misdemeanor, 
and  be  fined  not  less  than  twenty-five  nor  more  than  fifty  dollars,  which  fine  shall 
be  collected  as  other  small  debts  are,  and  one-half  be  paid  to  the  informer  and  the 
other  half  to  the  county  commissioners. 


Ibid. 

124.  It  shall  be  the  duty  of  the  road  supervisors  to  remove  from  the  public  roads 
in  their  respective  districts  or  sections  in  said  county,  all  and  any  gate  or  gates  which 
they  shall  find  thereon  in  violation  of  the  provisions  of  the  two  preceding  sections; 
any  road  supervisor  or  road  contractor  failing  to  remove  any  such  gate  or  gates,  shall 


MARYLAND  GEOLOGICAL  SURVEY 


37 


on  conviction  thereof  before  a  justice  of  the  peace,  be  adjudged  guilty  of  a  misde¬ 
meanor,  and  be  fined  not  more  tliau  twenty  nor  less  than  ten  dollars,  one-half  thereof 
to  be  paid  to  the  informer  and  the  other  half  to  be  paid  to  the  county  commissioners. 

1892,  ch.  141. 

124  A.  It  shall  be  the  duty  of  each  of  the  road  commissioners  of  Calvert  county, 
on  or  before,  the  first  day  of  April  in  each  and  every  year,  to  examine  the  bridges 
in  his  election  district  and  ascertain  what  amount  of  money  will  be  necessary  to 
build  or  repair  the  bridges  in  such  district  and  if  in  his  judgment  the  amount 
required  shall  amount  to  two  hundred  dollars  or  more  in  either  district,  it  shall  be 
the  duty  of  the  board  of  road  commissioners  to  notify  the  board  of  county  commis¬ 
sioners,  on  or  before  the  annual  levy  in  each  year,  of  said  amount,  whereupon  the 
board  of  county  commissioners  shall  cause  to  be  levied  said  estimated  amount  over 
and  above  the  amount  authorized  to  be  levied  annually  for  the  building  and  repairing 
of  the  public  roads  of  said  county. 

Ibid. 

124  B.  All  bridges  to  be  built  or  repaired  whose  cost  shall  exceed  fifty  dollars  shall 
be  built  or  repaired  by  contract  and  the  road  commissioners  shall  advertise  in  at  least 
one  newspaper  published  in  said  county  for  two  successive  weeks,  setting  forth  the 
place  where  said  bridge  is  to  be  built  or  repaired,  with  specifications  of  the  plans 
or  materials  and  that  sealed  proposals  for  building  or  repairing  said  bridge  will  be 
received  until  a  day  and  hour  named  in  said  advertisement. 

Ibid. 

124  C.  Upon  the  day  and  hour  named  for  closing  of  the  bids  for  the  building  or 
repairing  of  said  bridge,  the  board  of  road  commissioners  shall,  in  the  presence  of 
at  least  one  county  commissioner  of  said  county,  open  said  sealed  proposals,  if  there 
be  any  such  proposals,  and  the  contract  shall  be  awarded  to  the  lowest  bidders  who 
in  the  opinion  of  the  road  commissioners  shall  be  qualified  to  build  or  repair  such 
bridge;  and  the  contractor  shall  be  required  to  enter  into  bond  with  approved  security, 
double  the  amount  of  the  contract  conditioned  for  its  faithful  performance,  but  in 
the  event  that  there  be  no  such  proposals  submitted  then  the  road  commissioners,  as 
a  body,  shall  have  power  to  contract  in  the  name  of  the  said  county  with  any  one 
possessing  the  proper  qualifications  and  ability  subject  to  the  provisions  of  this  Act. 

Ibid. 

124  D.  When  a  contractor  shall  notify  the  road  commissioners  of  the  election 
district  wherein  the  said  work  shall  have  been  done,  that  the  bridge  is  finished,  he 
shall  inspect  the  work,  and  if  in  his  judgment  it  has  been  constructed  according  to 
the  contract  and  specifications,  he  shall  take  the  same  from  the  hands  of  the  con¬ 
tractor,  and  open  it  for  public  travel;  and  then,  and  not  before,  the  contractor  shall 
be  entitled  to  receive  the  last  instalment  due  thereon. 

Jbid. 

124  E.  It  shall  be  the  duty  of  the  road  supervisors  to  keep  in  repair  and  build  all 
bridges  the  cost  of  which  shall  not  exceed  the  sum  of  fifty  dollars. 

Ibid. 

124  F.  It  shall  be  the  duty  of  the  road  commissioners  to  divide  the  amount  levied 
by  the  county  commissioners  for  the  repairing  the  public  roads  into  three  equal  parts, 
one  of  which  parts  shall  be  used  in  each  election  district  of  said  county. 

Ibid. 

124  G.  No  public  road  in  Calvert  county  shall  be  opened  or  altered  except 
by  and  with  the  approval  and  consent  of  the  road  commissioners  of  said  county, 
who  are  hereby  authorized  and  empowered  to  sit  with  the  county  commissioners  of 
said  county  at  the  hearing  of  all  applications  for  the  opening  and  altering  of  said 
public  road. 


Examination 
of  bridges. 


Bridges  to  be 
built  and  repaired 
by  contract. 


Award  of  contract. 


Inspection  of  work. 


Road  supervisors’ 
duties. 


Distribution  of 
road-taxes. 


Authority  to 
change  roads. 


County  Com¬ 
missioners. 

Money  paid 
to  towns. 


Control  of  roads. 


Levy  for  roads. 


Notification  for 
working  on  the 
road. 


Persons  liable 
for  service. 


Excuses. 


Hire  of  laborers. 


Use  of  supervisor’s 
own  men. 


Rate  of 
compensation. 


Supervisors’ 

accounts. 


38  THE  ROAD-LAWS  OF  MARYLAND 

(1888),  art.  YI. 

CAROLINE  COUNTY. 

1886,  ch.  219. 

54.  They  are  authorized  and  directed  to  appropriate  annually,  and  pay  over  to 
the  town  commissioners  of  the  several  incorporated  towns  in  the  county,  a  sum  of 
money  in  their  judgment  sufficient  to  assist  in  improving  and  repairing  the  road¬ 
beds  of  said  towns. 

1870,  ch.  479. 

205.  The  county  commissioners  of  Caroline,  Talbot  and  Wicomico  counties  are 
authorized  and  empowered  to  control  ?nd  regulate  the  public  roads  in  said  counties. 

(1860),  art.  6,  sec.  152. 

206.  The  county  commissioners  shall  annually  levy  upon  the  assessable  property 
of  the  county  such  sum  of  money  as  they  may  ascertain  from  the  supervisors  of  roads 
in  the  county  to  be  probably  necessary  for  the  repair  of  roads  therein. 

Ibid.  sec.  153. 

207.  Each  supervisor  shall  call  on  the  taxable  persons  of  his  district  who  are 
actually  chargeable  with  taxes,  and  none  other  (except  as  hereinafter  provided),  at 
least  two  days  before  he  intends  working  on  said  roads,  exclusive  of  the  day  of 
notice  and  day  of  meeting,  and  notify  them  of  his  intention  and  the  time  and  place 
of  meeting  to  work  on  the  roads,  what  utensils  and  implements  they  must  bring, 
with  carts  and  teams  if  necessary. 


Ibid.  sec.  154. 

208.  The  persons  so  notified  shall  furnish  one-half  of  their  able-bodied  male  hands 
(if  required),  except  in  time  of  wheat  harvest,  not  under  eighteen  nor  over  fifty 
years  of  age,  and  also  such  utensils  and  teams  as  they  have  and  may  be  required  by 
the  supervisor,  under  the  penalty  of  one  dollar  for  each  hand  and  each  team  they 
may  be  required  and  shall  fail  to  furnish,  to  be  ^recovered  by  the  supervisor,  in  the 
name  of  the  State,  before  a  justice  of  the  peace  as  small  debts  are  recoverable. 

Ibid.  sec.  155. 

209.  The  justice  of  the  peace,  at  the  hearing  of  each  case  so  brought  by  the 
supervisor,  may,  in  his  discretion,  allow  reasonable  excuses  for  such  failure. 

Ibid.  sec.  156. 

210.  All  sums  of  money  recovered  by  the  supervisor  under  this  subtitle  shall  be 
appropriated  by  him  to  the  employment  of  hands  to  supply  the  deficiency  of  labor 
occasioned  by  such  delinquencies,  in  which  case,  but  in  no  other,  the  supervisors 
may  employ  persons  not  taxable. 

Ibid.  sec.  157. 

211.  No  supervisor  shall  employ  more  than  half  of  his  own  able-bodied  hands  at 
any  one  time,  nor  at  any  other  time  than  when  he  calls  on  the  taxables  of  his 
district,  except  to  repair  bridges  or  remove  accidental  obstructions  from  the  roads. 

Ibid.  sec.  158. 

212.  The  following  shall  be  the  rates  of  compensation  for  labor  on  the  public 
roads,  to  wit:  for  every  able-bodied  hand,  the  sum  of  seventy-five  cents  per  day;  for 
every  cart  and  team,  the  sum  of  one  dollar  per  day. 

Ibid.  sec.  159. 

213.  The  supervisors  shall  annually  return  to  the  county  commissioners  a  true 
account  of  all  work  done  on  the  roads,  and  by  whom  done,  in  order  that  persons 
who  have  labored  thereon  may  be  credited  by  them  in  the  county  charges. 


MARYLAND  GEOLOGICAL  SURVEY 


39 


1860,  art.  6,  sec.  161. 

214.  If  any  person  shall  alter,  change,  obstruct  or  encroach  upon  any  road  in 
Caroline  county,  or  cut  down,  destroy  or  purposely  injure  any  bridge  or  causeway, 
he  shall  on  conviction  thereof  in  the  circuit  court,  be  fined  in  the  discretion  of  the 
court  in  a  sum  not  exceeding  fifty  dollars,  to  be  applied  to  the  use  of  the  county. 

1870,  ch.  7. 

215.  In  all  cases  when  new  roads  are  laid  down  in  Caroline  county,  or  dividing 
in  any  part  of  said  county  from  adjoining  counties,  there  shall  be  no  gates  allowed 
on  said  new  roads,  nor  shall  any  gates  be  allowed  on  any  of  the  public  roads  of  the 
county. 

1898,  ch.  243. 

The  county  commissioners  of  Caroline  county  may,  in  their  discretion,  establish 
rules  and  regulations  creating  rewards  and  premiums  to  be  paid  or  given  to  those 
citizens  of  said  county  who  will  use  wide  tires  upon  the  vehicles  driven  upon  the  road 
of  said  county,  or  equip  their  vehicles  with  wide  tires;  and  said  commissioners  shall 
have  the  power  to  establish  by  said  imles  and  regulations  the  width  of  the  tires  which 
will  entitle  the  owners  of  the  vehicles  to  receive  the  premiums  and  rewards  which 
may  be  established  by  the  county  commissioners  under  the  authority  of  this  Act. 

1888,  art.  VII. 

CARROLL  COUNTY. 

1872,  ch.  16.  1874,  ch.  19. 

19.  The  county  commissioners  are  authorized  and  empowered  to  subscribe  to  the 
capital  stock  of  any  turnpike  company,  already  organized  or  hereafter  to  be  organ¬ 
ized  in  said  county,  in  the  name  and  for  the  benefit  of  said  county,  a  sum  of  money 
not  to  exceed  in  any  case  four  hundred  dollars  for  each  mile  of  road  that  may  be 
made  in  said  county,  and  a  sum  of  money  not  to  exceed  four  hundred  dollars  for 
each  mile  of  turnpike  made  and  completed  by  any  company  hereafter  to  be  organized. 

Ibid. 

20.  They  are  authorized  and  empowered  to  issue  the  bonds  of  said  county,  or 
certificates  of  indebtedness  to  the  amount  of  stock  so  subscribed,  and  negotiate  said 
bonds  or  certificates  of  indebtedness  upon  the  most  favorable  terms;  provided,  such 
bonds  shall  not  be  sold  at  less  than  par;,  and  the  county  commissioners  are  authorized 
to  levy  upon  the  assessable  property  of  the  county  an  amount  sufficient  to  pay  the 
annual  interest  upon  said  bonds,  and  the  principal  at  maturity. 

Ibid. 

21.  They  shall  be  entitled  to  be  represented  in  all  meetings  of  stockholders,  and 
shall  vote  in  all  elections  of  directors  in  all  of  said  companies,  in  proportion  to  the 
stock  held  by  them  in  said  companies,  respectively. 

1862,  ch.  216. 

134.  The  county  commissioners  are  authorized,  in  their  discretion,  to  resurvey  and 
mark  and  bound  the  public  roads  in  said  county,  when  and  where  they  may  deem 
such  resurvey  necessary  and  expedient. 


Ibid. 

135.  Whenever  the  said  commissioners  shall  deem  it  expedient  that  any  of  the 
public  roads  in  said  county  shall  be  resurveyed,  they  shall  appoint  three  persons 
not  interested,  nor  holding  lands  through  which  said  road  may  pass;  and  the  persons 
so  appointed,  or  a  majority  of  them,  after  giving  thirty  days’  public  notice  thereof, 
shall  meet  on  the  premises  and  resurvey  and  mark  and  bound  such  public  road, 
according  to  the  best  evidence  they  can  obtain  of  the  location  thereof,  either  by 


Injury  to  roads. 


Gates. 


Broad  tires. 


Subscriptions  to 
stock  in  turnpike 
companies. 


County  bonds 
for  amount 
subscribed. 


Vote  as 
stockholders. 


Resurvey  of  roads. 


Method  of 
procedure. 


40 


THE  ROAD-LAWS  OF  MARYLAND 


Examiners’  oath. 


Commissioners’ 

judgment. 


Record. 


Obstruction  toi 
contemplated 
country  roads. 


Road  commis¬ 
sioners. 


Oath  of  office. 


examination  of  witnesses,  or  by  reference  to  former  surveys,  or  by  personal  inspec¬ 
tion  of  such  road;  and  in  the  absence  of  other  sufficient  and  satisfactory  evidence, 
the  said  persons  so  appointed  as  aforesaid  are  authorized  to  adopt  the  center  of 
such  road  as  the  center  thereof  acccording  to  its  true  location,  and  to  mark  and 
bound  such  road  accordingly,  giving  it  the  proper  width  to  which  it  may  be  entitled, 
being  not  less  than  thirty  feet  in  any  case;  and  they  shall  make  and  return  to  the 
said  county  commissioners  a  plat  of  such  road,  with  a  full  report  of  their  proceedings 
under  their  hands. 

1862,  ch.  216. 

136.  The  said  examiners,  before  they  proceed  to  act,  shall  take  an  oath  to  execute 
the  trust  reposed  in  them  by  the  commissions  issued  to  them,  faithfully  and  without 
favor,  affection  or  partiality;  which  oath  shall  be  endorsed  on  the  commission  and 
return. 

Ibid. 

137.  After  the  expiration  of  ten  days  from  the  return  of  the  examiners,  the  county 
commissioners,  after  heading  and  considering  any  objection  that  may  be  made,  shall 
proceed  to  pass  judgment  thereon,  and  affirm  or  reject  the  same,  or  order  it  to  be 
amended,  in  their  discretion,  and  may  continue  over  their  proceedings  to  their  next 
meeting,  and  so  from  time  to  time,  so  long  as  they  shall  in  their  judgment  think 
such  continuance  necessary  for  the  purposes  of  justice;  and  the  final  judgment  of 
said  commissioners,  or  of  the  judgment  of  the  circuit  court  in  the  event  of  an  appeal 
by  any  person  interested  in  relation  to  such  road,  and  the  plat  thereof  as  confirmed 
by  said  judgment,  shall  be  recorded  among  the  land  records  of  said  county  by  the 
clerk  of  the  circuit  court  in  a  separate  book,  to  be  by  him  provided  for  that  purpose; 
and  for  such  recording,  the  said  clerk  shall  be  entitled  to  charge  and  be  paid  by 
the  county  commissioners,  according  to  the  rate  for  recording  such  matters,  authorized 
by  law;  and  the  resurvey  of  such  road  as  established  and  confirmed  by  the  judg¬ 
ment  of  the  county  commissioners,  or  of  the  circuit  court  in  the  event  of  an  appeal, 
or  certified  copies  of  the  record  thereof  shall  be  taken  and  received  as  full  and 
sufficient  evidence  of  the  true  location  of  said  roads. 

1882,  ch.  444. 

138.  It  shall  not  be  lawful  for  any  person  in  Carroll  county  to  erect  buildings  or 
to  fence  in  gardens  or  burial  grounds,  obstructing  any  contemplated  county  road, 
when  said  road  has  been  petitioned  for  by  citizens  of  Carroll  county,  until  the  appli¬ 
cation  has  been  refused  by  the  county  commissioners. 

1896,  ch.  75. 

139.  The  county  commissioners  of  Carroll  county  shall,  in  the  month  of  March, 
in  each  and  every  year  after  the  passage  of  this  act,  appoint  three  road  commissioners 
in  each  election  district  of  said  county,  except  in  the  thirteenth  election  district  of 
said  county,  in  which  district  but  one  road  commissioner  shall  be  appointed,  who 
shall  be  qualified  voters  and  taxpayers  in  said  respective  election  districts,  and  who 
shall  have  been  bona  fide  residents  of  the  county  for  at  least  two  years  prior  to  his 
appointment  and  in  the  district  where  three  road  commissioners  shall  be  appointed, 
two  of  said  commissioners  shall  be  selected  from  the  dominant  political  party  in  the 
county  and  one  from  the  minority  party. 

1892,  ch.  164. 

140.  Within  twenty  days  after  their  appointment,  or  as  soon  thereafter  as  may 
be,  the  said  road  commissioners  for  each  election  district  shall  take  the  oath  of  office 
prescribed  by  the  constitution  before  the  clerk  of  the  Circuit  Court,  and  shall  organize 
by  electing  one  of  their  number  chairman;  two  shall  constitute  a  quorum  for  the 
transaction  of  business;  when  so  organized  they  shall  have  full  control  of  the  con¬ 
struction,  and  repair  of  the  public  roads  and  the  small  bridges  not  costing  over  one 
hundred  dollars  apiece  in  their  respective  districts  and  shall  have  full  power  to 
determine  and  fix  the  rate  of  a  special  tax  to  be  levied  as  hereinafter  provided,  for 
the  construction  and  maintenance  of  such  roads  and  bridges  as  are  wholly  within 


MARYLAND  GEOLOGICAL  SURVEY 


41 


the  limits  of  their  respective  districts,  and  to  co-operate  [with]  the  road  commissioners 
of  adjoining  districts  in  the  construction  and  maintenance  of  joint  bridges  between 
said  districts. 

1892.  ch.  164. 

141.  Said  road  commissioners,  or  a  majority  of  them,  shall  have  power  to  appoint 
for  their  respective  districts  as  many  road  supervisors  as  they  may  deem  advisable 
for  the  proper  maintenance  of  the  roads  and  bridges,  as  aforesaid,  in  said  districts, 
and  to  remove  the  same  and  to  appoint  others  in  their  discretion,  provided,  that  in 
appointing  such  supervisors  preference  shall  be  given  to  persons  through  whose  lands 
the  roads  are  located,  they  shall  direct  said  supervisors  in  the  work  of  constructing, 
repairing  and  maintaining  the  roads  and  bridges  under  their  supervision,  and  fix  the 
price  of  labor  and  material  thereon. 

Ibid. 

142.  Said  road  commissioners,  or  a  majority  of  them  in  each  district,  shall  have 
power  to,  and  shall  determine  and  fix  the  rate  of  a  special  tax  to  be  levied  on  all 
assessable  property  in  said  district,  not  to  exceed  the  sum  of  twenty  cents  on  every 
one  hundred  dollars  valuation,  for  the  construction  and  maintenance  of  said  roads 
and  bridges  in  said  district,  and  due  proportion  of  the  joint  bridges  between  said 
district  and  adjoining  district,  and  shall  report  the  rate  so  determined  and  fixed  to 
the  county  commissioners  on  or  before  the  first  day  of  May  in  each  and  every  year; 
taxes,  at  rates  so  reported  for  the  various  districts,  shall  be  levied  by  the  county  com¬ 
missioners  when  county  taxes  are  levied,  annually,  and  collected  by  the  county  tax 
collectors  as  county  taxes  are  collected  and  under  the  same  provisions  of  law,  and 
shall  be  paid  by  said  collectors  to  the  county  treasurer,  who  shall  keep  an  account 
of  the  receipts  and  disbursements  thereof  for  each  district  separate  from  all  other 
accounts,  in  books  prepared  for  the  purpose,  and  shall  publish  an  annual  statement 
thereof  for  each  district,  along  with  the  annual  statement  which  the  county  com¬ 
missioners  are  by  law  to  publish. 

1896,  ch.  75. 

143.  Each  of  the  said  ,road  commissioners  shall  receive  for  his  services  compensa¬ 
tion  at  the  rate  of  two  and  one-half  dollars  per  day;  provided,  however,  that  no  one 
of  them  shall  receive  more  than  fifty  dollars  per  annum,  except  in  the  thirteenth 
election  district,  in  which  district  the  road  commissioner  shall  receive  annually 
seventy-five  dollars;  and  the  entire  cost  of  the  construction  and  maintenance  of  the 
roads  and  bridges  in  any  district  and  a  proportionate  share  of  the  joint  bridges 
between  said  district  and  adjoining  districts,  under  the  provisions  of  this  act, 
including  the  per  diem  of  the  road  commissioners  for  said  district,  shall  be  paid 
out  of  the  special  tax  levied  and  collected  in  said  district,  and  no  part  thereof  shall 
be  paid  by  the  county  commissioners  out  of  the  levy  for  county  purposes;  the 
county  treasurer  shall  make  regular  payment  on  vouchers  certified  and  approved  by 
the  road  commissioners,  or  a  majority  of  them,  in  districts  where  there  are  three, 
and  in  the  thirteenth  election  district  by  the  road  commissioners  for  said  district, 
and  shall  carefully  preserve  said  vouchers  and  no  payment  shall  be  made  without 
such  certification  and  approval. 

1892,  ch.  164. 

144.  Nothing  in  this  act  shall  be  construed  to  impair  or  abridge  the  general 
control  over  the  property  owned  by  the  county,  and  over  county  roads  and  bridges, 
now  vested  by  law  in  the  county  commissioners  except  as  therein  specifically  pro¬ 
vided,  or  their  power  to  resurrey  and  mark  and  bound  the  public  roads  in  said 
county  and  to  lay  out  new  roads,  or  the  method  of  doing  the  same;  and  in  case  of 
disagreement  in  reference  to  the  duties  of  said  road  commissioners  or  appeal  from 
any  order  or  decision  made  by  them,  the  county  commissioners  shall  be  the  judges  of 
what  is  right  and  their  decision  shall  be  final. 

±886,  ch.  283. 

140  [o.  s.].  It  shall  be  the  duty  of  the  county  surveyor  of  Carroll  county  to  survey 
all  public  roads  to  be  hereafter  opened,  altered  or  changed,  and  to  make  a  plat  and 
certificate  of  survey  for  the  use  of  the  examiners  appointed  by  the  county  commis- 


Road  supervisors. 


Special  tax. 


Compensation  of 
Road  Commis¬ 
sioners. 


Control  of 
property, 
roads,  etc. 


Duties  of  county 
surveyors. 


42 


THE  ROAD-LAWS  OF  MARYLAND 


sioners  to  open,  alter  or  change  any  such  public  road  in  said  county;  and  the  county 
commissioners  shall  not,  nor  shall  said  examiners,  appoint  or  direct  any  other  sur¬ 
veyor  than  the  said  county  surveyor  to  make  said  survey  and  plat,  unless  the  said 
county  surveyor  shall,  from  sickness  or  any  other  cause,  fail  or  refuse  to  make  said 
survey  and  plat  within  a  reasonable  time  after  being  requested  by  the  commissioners 
or  examiners  to  make  said  survey  and  plat;  in  which  event  either  the  commissioners 
or  examiners  may  appoint  some  competent  person  to  make  said  survey  and  plat. 

.  1886,  ch.  283. 

Compensation.  141  Co.  s.L  The  compensation  of  the  county  surveyor  for  said  services  shall  be 
four  dollars  a  day  for  each  and  every  day  so  engaged,  and  three  dollars  additional 
for  making  a  plat  and  report  to  the  examiners,  the  same  to  be  paid  by  the  county 
commissioners. 

(1888),  art.  VIII. 

CECIL  COUNTY. 

1894,  ch.  387. 

Supervision  of  106  B.  And  for  the  purpose  of  supervision  of  the  public  roads  therein,  Cecil  county 
public  roads.  sban  foe  divided  into  three  commissioners’  districts  as  follows:  The  first,  second  and 
third  election  districts  shall  compose  the  first  commissioner’s  district;  the  fourth, 
fifth  and  ninth  election  districts  shall  compose  the  second  commissioner’s  district,  and 
the  sixth,  seventh  and  eighth  election  districts  shall  compose  the  third  commissioner’s 
district;  and  the  commissioner  residing  in  the  said  commissioner’s  district,  if  any, 
shall  have  supervision  of  the  public  roads  within  the  same. 

(1860),  art.  8,  sec.  175. 

Gates.  307.  No  gates  shall  remain  or  be  erected  on  any  public  road  in  Cecil  county,  with¬ 
out  an  application  by  petition  to  the  county  commissioners  who  may  authorize  them 
to  be  erected,  in  their  discretion,  but  only  in  the  first  election  district  of  the  county. 

Ibid.  sec.  176. 

Removal  of  gates.  308.  If  the  county  commissioners  shall  become  satisfied  that  any  gate  which  they 
have  authorized  to  be  erected  is  unnecessary,  they  shall  give  sixty  days’  public  notice 
to  the  person  who  erected  the  same  to  remove  it,  after  which  time,  if  the  gate  be 
not  removed  by  said  person,  he  shall  forfeit  and  pay  a  sum  of  twenty-five  dollars  for 
every  gate  not  removed,  and  an  additional  fine  of  one  dollar  per  day  for  every  day 
said  gate  shall  remain  after  the  expiration  of  the  sixty  days’  notice. 

1884,  ch.  45. 

Drainage  into  a  319.  It  shall  be  unlawful  for  any  land  owner  to  drain  water  from  his  lands  into 
public  road  0r  upon  any  public  road,  and  the  person  so  offending  shall  be  liable  to  indictment 
unlawful.  ^  grand  jury,  and  upon  conviction  shall  be  fined  not  less  than  ten  nor  more 
than  one  hundred  dollars;  said  fine  to  be  paid  into  the  county  treasury  to  the  credit 
of  road  and  bridge  account;  and  if,  in  the  construction  and  repair  of  public  roads, 
it  be  necessary  for  the  proper  drainage  of  said  roads  to  let  off  the  water  therefrom 
upon  the  adjoining  lands,  the  county  commissioners  shall  award  to  the  owner  of 
Damages  for  said  lands  reasonable  compensation  for  the  privilege,  and  shall  construct  drains 
drainage  from  through  such  lands  so  as  to  prevent  the  spreading  of  the  water  over  cultivated  fields; 
e  roa  ‘  but  nothing  contained  in  this  subtitle  of  this  article  shall  be  so  construed  as  to 
apply  to  the  natural  course  of  water  from  the  public  roads  into  and  upon  adjoining 
lands  or  from  said  lands  into  and  upon  the  roads. 

Ibid. 

Injury  to  drains  320.  It  shall  be  unlawful  for  any  one  to  obstruct,  fill  up  or  otherwise  injure  the 
and  ditches  or  drains  made  for  conducting  water  from  the  public  roads,  or  the  ditches  on  the  sides 
the  obstruction  of  gai(j  roa(jS)  or  obstruct  any  road  by  moving  fences  out  upon  the  same,  or 
placing  other  obstructions  thereon,  or  to  dig  any  ditch  or  drain  across  any  road, 
without  first  having  procured  an  order  from  the  county  commissioners  to  do  so, 


MARYLAND  GEOLOGICAL  SURVEY 


43 


and  to  neglect  to  keep  such  ditch  or  drain  well  covered  and  in  good  repair  for  the 
passage  of  vehicles  over  the  same;  and  all  persons  so  offending  shall  upon  conviction 
he  fined  not  less  than  ten  nor  more  than  one  hundred  dollars,  said  fine  to  be  paid 
into  the  county  treasury  to  the  credit  of  the  road  and  bridge  account;  and  when 
any  unlawful  obstruction  or  injury  to  a  public  road  shall  be  reported  to  the  road 
commissioner,  in  whose  road  district  the  same  is  located,  he  shall  forthwith  remove 
said  obstruction,  or  repair  said  injury,  at  the  cost  of  the  person  causing  the  same; 
and  if  such  person  shall  refuse  to  pay  the  cost  to  the  road  commissioner,  the  county 
commissioners  shall  pay  the  same  and  institute  suit  at  once  against  him  to  recover 
said  costs. 

1884,  ch.  45. 

321.  Whenever  any  doubt  may  exist  as  to  the  proper  location  or  width  of  any  Survey  of  a  road, 
road,  the  county  commissioners  may  cause  the  same  to  be  surveyed,  and  in  their 
discretion  make  such  alterations  as  the  convenience  of  the  public  may  require,  and 
may  compensate  any  owner  of  land  along  said  road  who  may  be  entitled  to  com¬ 
pensation  in  consequence  of  said  alterations. 

(1888),  art.  IX. 

CHARLES  COUNTY. 

1898,  ch.  284. 

157.  It  shall  be  the  duty  of  the  county  commissioners  to  provide  for  the  repairs  of  Levy  for  roads, 
all  the  public  roads  and  bridges  of  the  county,  and  for  that  purpose  they  shall  levy  upon 
the  assessable  property  of  the  county,  and  pay  the  expenditures  for  such  repairs, 
and  all  incidental  expenses  arising  therefrom;  provided,  however,  they  shall  not 
expend  for  such  purpose  in  any  one  year  more  than  the  sum  of  ten  thousand  dollars; 
and  they  shall  divile  the  county  into  road  districts,  and  the  roads  into  sections  and 
appoint  supervisors  over  the  same  not  exceeding  nine  in  number,  who  shall  receive  Road  districts  and 
one  dollar  and  fifty  cents  a  day  for  every  day  actually  spent  in  the  performance  supervisors, 
of  their  duties  as  such  supervisors,  the  account  of  which  they  shall  itemize  and  swear 
to  before  the  county  commissioners,  and  shall  be  paid  monthly  therefor;  said  super¬ 
visors  to  hold  their  offices  for  the  term  of  one  year,  and  until  their  successors  are 
appointed,  and  to  give  bond  as  set  forth  and  required  in  section  one  hundred  and 
fifty-nine  of  this  Article,  and  it  shall  be  the  duty  of  said  supervisors  to  keep  in 
repair  the  roads  and  bridges  of  the  county,  under  the  direction  and  regulation  of  the 
county  commissioners.  For  any  neglect  of  duty  they,  shall  be  subject  to  removal  from 
office,  and  to  deduction  from  their  compensation  by  the  county  commissioners,  and 
for  that  or  any  other  malfeasance  in  office  they  shall  be  also  liable  to  indictment  in 
the  circuit  court  for  said  county;  provided,  further,  however,  that  whenever,  in  their 
judgment  and  discretion,  the  said  county  commissioners  shall  find  it  necessary  to  open 
up  and  construct  any  new  road  in  said  county,  and  that  the  fund  hereinbefore  provided  Construction  of 
for  shall  not  be  sufficient  for  the  same,  they  may  levy  such  amounts  as,  in  their  judg-  new  roads, 
ment,  may  be  sufficient  for  the  said  new  road;  provided,  that  said  new  road  shall 
not  be  less  than  three  miles  in  length,  and  the  amount  to  be  levied  for  such  new 
road  or  roads  shall  in  no  event  be  more  than  twenty-five  hundred  dollars  in  any 
one  year;  and  provided,  further,  for  the  opening  and  construction  of  such  new  road 
or  new  roads  as  aforesaid,  the  said  county  commissioners  may  make  provision  by 
the  appointment  of  a  special  supervisor  and  laborers,  and  if  they  shall  deem  it  best 
for  the  interest  of  the  county,  or  by  contract,  or  by  the  supervisor  or  supervisors 
of  the  road  district  or  districts  in  which  the  said  new  road  may  lie.  And  the  com¬ 
missioners  are  hereby  authorized  whenever  in  their  judgment  there  may  be  special 
and  urgent  reasons  therefor,  to  require  and  order  a  road  supervisor  of  one  district, 
and  the  laborers  under  him,  to  perform  work  in  another  district  or  other  districts  of 
said  county. 

1886,  ch.  194. 

158.  The  wages  allowed  for  the  payment  of  laborers  hired  to  work  on  said  roads  Wages  for  laborers, 
shall  not  exceed  one  dollar  per  day;  and  it  shall  be  the  duty  of  the  county  commis¬ 
sioners  to  provide  for  the  payment  of  said  laborers  within  one  month  after  said 
work  has  been  rendered. 


44 


THE  ROAD-LAWS  OF  MARYLAND 


Permanent  corps 
of  laborers. 


Draining  on 
adjoining  lands. 


License  to  haul 
timber. 


Penalty. 


Injury  to  drains. 


Gates. 


Interference  with 
supervisor. 


1874,  ch.  493. 

159.  The  county  commissioners,  if  in  their  discretion  they  deem  it  expedient, 
may  make  provision  for  the  employment  of  one  or  more  permanent  corps  of  laborers, 
not  exceeding  nine  corps  for  the  county,  for  the  repair  of  the  roads  and  bridges  in 
the  county,  under  the  supervision  of  an  officer  of  sufficient  skill  and  experience  for 
the  purpose;  and  they  shall  require  any  officer  appointed  for  such  purpose  to  give 
bond  in  such  penalty  and  with  such  security  as  they  may  fix  and  approve,  and  with 
such  conditions  as  they  may  prescribe  in  regard  to  the  duties  to  be  performed,  the 
use,  safe  keeping,  due  return  of  all  property  placed  in  his  charge,  and  the  proper 
disposal  of  all  moneys  coming  into  his  hands  for  road  purposes. 

1870,  ch.  294. 

160.  If  in  the  construction  and  repair  of  the  public  roads  of  the  county  it  be 
necessary  for  their  proper  drainage,  it  shall  be  lawful  for  the  supervisors  or  other 
road  officers  of  the  county  to  let  off  the  water  therefrom  upon  the  adjoining  lands, 
at  such  places  as  may  be  proper  and  necessary;  provided,  it  shall  be  done  with  as 
little  injury  as  possible  to  the  owners  of  said  lands,  and  provided  the  drains  through 
such  lands  be  continued  so  as  to  prevent  the  spreading  of  the  water  so  let  off  the 
roads  over  cultivated  fields. 

1892,  ch.  698. 

160  A.  It  shall  be  lawful  for  the  county  commissioners  of  Charles  county  in  their 
discretion  to  require  all  persons  who  may  engage  in  hauling  heavy  timber  (not  cord 
wood)  in  Charles  county,  for  commercial  purposes,  between  the  first  day  of  December 
of  any  year  and  the  first  day  of  May  following,  to  pay  a  license  not  exceeding  the 
sum  of  five  dollars  per  month;  and  if  the  said  license  shall  be  imposed,  all  money 
derived  therefrom  shall  be  applied  to  the  county  road-fund. 

Ibid. 

160  B.  If  the  county  commissioners  should  impose  such  a  license  any  person 
neglecting  or  refusing  to  procure  the  same  shall  be  subject  to  a  fine  of  not  less  than 
five  dollars  nor  more  than  one  hundred  dollars  in  the  discretion  of  the  court  ti*ying 
the  case,  said  fine  to  be  collected  as  other  fines  and  forfeitures. 

1870,  ch.  294. 

161.  If  any  person  shall  obstruct,  fill  up  or  otherwise  wilfully  injure  the  drains 
made  for  conducting  the  water  from  the  public  roads,  or  shall  encroach  upon  any 
public  roads  by  fences  or  other  obstructions,  or  dig  any  ditch  or  drain  across  any 
road,  and  fail  to  keep  such  ditch  or  drain  well  covered  and  in  good  repair  for  the 
passage  of  vehicles  over  the  same,  or  if  any  person  shall  drain  any  water  into  or 
upon  any  public  road,  each  and  every  such  person,  for  every  such  offense,  shall  be 
subject  to  a  fine  for  the  use  of  the  county,  of  not  less  than  ten  nor  more  than  one 
hundred  dollars. 

1878,  ch.  324. 

162.  It  shall  not  be  lawful  for  any  person,  with  or  without  the  consent  of  the 
county  commissioners,  to  erect,  have  or  keep  any  gate  upon  the  public  roads  of 
Charles  county,  and  the  road  supervisors  of  said  county  shall  cause  all  gates  to  be 
removed  therefrom  in  their  respective  districts. 

1876,  ch.  291. 

163.  Any  person  who  shall  in  any  way  or  manner  hinder,  molest,  obstruct  or 
disturb  any  supervisor  in  the  performance  of  the  duties  required  of  him  under  the 
provisions  of  the  preceding  section,  shall  be  deemed  guilty  of  a  misdemeaner,  and 
be  liable  to  presentment  and  indictment  by  the  grand  jury,  and  shall  on  conviction 
thereof  in  a  court  of  law,  be  fined  in  the  sum  not  less  than  twenty-five  dollars  or 
more  than  one  hundred  dollars,  and  be  imprisoned  in  the  county  jail  not  less  than 
thirty  days  nor  more  than  ninety  days,  or  both,  in  the  discretion  of  the  court  before 
which  he  shall  be  tried  and  convicted;  the  said  fine  to  be  applied  to  the  road  fund 
of  the  county. 


MARYLAND  GEOLOGICAL  SURVEY 


45 


1876,  ch.  291. 

164.  Any  supervisor  who  shall  fail  or  neglect  to  perform  the  duties  under  section 

162,  shall  be  guilty  of  a  misdemeanor,  and  be  liable  to  presentment  and  indictment  by 
the  grand  jury,  and  on  conviction  in  a  court  of  law,  shall  be  fined  not  less  than 

fifty  dollars  nor  more  than  one  hundred  dollars,  in  the  discretion  of  the  court;  said 

fine  to  be  applied  to  said  road  fund. 

1878,  ch.  123.  1880,  ch.  344. 

165.  The  road  running  from  Glymont,  through  Cornwallis’s  neck,  to  the  mouth 

of  Mattawoman  creek,  in  Charles  county,  and  the  road  leading  from  the  public  road 

from  New  Port  to  Budd’s  creek,  in  Charles  county,  through  the  lands  of  John  L. 

Budd  to  the  Wicomico  river,  are  excepted  from  the  provisions  of  section  162. 

(1888),  art.  X. 

DORCHESTER  COUNTY. 

1896,  ch.  85. 

267.  The  county  commissioners  of  Dorchester  county  are  hereby  authorized,  em 
powered  and  required  to  levy  a  tax  upon  the  assessable  property  in  said  county,  and 
collect  it  from  the  taxpayers  therein,  an  amount  they  may  deem  necessary,  not  to 
exceed  ten  thousand  dollars  ($10,000),  which  shall  be  applied,  or  so  much  thereof  as 
may  be  necessary,  for  repairing  and  improving  the  public  roads  and  bridges,  and  for 
opening  new  roads  in  the  said  county.  The  funds  so  acquired  for  appropriations  by  the 
county  commissioners,  shall  be  proportionately  expended  in  the  several  election  dis¬ 
tricts  of  the  county  where  exigencies  most  require  to  keep  the  roads  in  the  best 
possible  condition  for  public  travel  and  use.  The  said  county  commissioners  shall 
have  entire  management  and  control  over  all  repairs  and  improvements  to  be  made 
on  the  public  roads  and  bridges  thereon  throughout  the  county,  and  may  adopt  any 
method  which  in  their  judgment  will  give  the  greatest  benefits  to  the  public  for  the 
money  expended.  They  may  contract  to  the  lowest  responsible  bidder  for  any  or 
all  bridge  materials  and  work,  repairs  of  roads  and  building  new  roads;  and  such 
contractors,  as  well  as  any  other  persons  who  may  be  authorized  to  do  this  said 
work,  shall  be  designated  and  known  as  road  supervisors. 

Ibid. 

268.  The  county  commissioners  are  authorized  to  use  any  part  of  the  money  so 
levied  for  roads  to  purchase  oyster-shells;  and  whenever  the  residents  along  any  main 
public  road  may  bind  themselves  to  transport,  haul  and  spread  shells  upon  such  road, 
the  commissioners  shall  purchase  and  pay  for  such  oyster-shells,  and  the  work 
embraced  in  this  section,  together  with  all  other  work  done  upon  the  county  road, 
shall  be  under  the  direction  and  supervision  of  the  said  county  commissioners. 

1878,  ch.  477. 

273.  The  supervisor  may,  as  often  as  necessary,  take  and  remove  any  stone, 
gravel  or  earth  which  may  be  found  on  any  lands  adjoining  the  public  roads  and  use 
the  same  in  repairing  roads;  and  may  cut  down  any  trees  growing  on  any  lands  next 
adjacent  to  places  where  bridges  may  be  necessary,  and  apply  the  same  to  the  mak¬ 
ing  or  repairing  of  such  bridges  or  causeways;  provided,  that  when  private  property 
is  used  for  making  or  repairing  bridges  or  roads*  the  owner  shall  be  paid  by  the 
county  commissioners  the  customary  price  for  such  timber,  plank,  earth  or  other 
materials. 

Ibid. 

274.  The  supervisors  may  hire  and  employ  carts  and  teams  for  carrying  and 
removing  all  such  stones,  dirt,  gravel  and  timber  as  may  be  deemed  necessary  for 
repairing  roads  and  bridges,  and  the  cost  of  such  carts  and  teams  shall  be  levied 
upon  the  county. 


Negligence  of 
supervisor ; 
penalty. 


Exceptions  to 
section  162. 


Tax  for  roads. 


Purchase  of 
oyster-shells. 


Material  for 
repairs;  how 
procured. 


Hire  of  carts 
and  teams. 


46 


THE  ROAD-LAWS  OF  MARYLxVXD 


1878,  ch.  477. 

Repairs  to  bridges  276.  All  bridges  properly  built  or  repaired,  which  shall  be  broken  down  by  timber 
heavy  wagons7  carts  or  waS°ns  heavily  loaded,  or  by  carts,  shall  immediately  be  substantially  re¬ 
paired  by  the  owner  of  said  carts  or  wagons;  and  if  said  owner  neglects  or  refuses 
to  repair  such  bridges  he  shall  be  responsible  to  any  individual  for  all  damages 
sustained  by  him  by  reason  of  the  broken  bridge,  and  for  all  costs  which  the  road 
supervisor  may  expend  in  repairing  them,  to  be  collected  before  a  justice  of  the 
peace  as  small  debts  are  collected. 

1892.  ch.  431. 

System  of  drainage  277.  The  board  of  county  commissioners  be  and  they  are  hereby  authorized  and 

improvement*  2mP0wered  to  adopt,  if  in  their  judgment  they  think  it  necessary  and  proper  so 

to  do,  a  scientific  and  thorough  system  of  drainage  and  general  improvement  for  the 
public  county  roads  of  Dorchester  county;  whenever  the  same  may  be  needed  to 
accomplish  this  purpose  the  said  board  are  authorized  and  empowered  to  engage  the 
Engineer,  services  of  a  competent  surveyor  and  engineer  who  shall  have  charge  of  and  super¬ 
intend  such  drainage  and  improvements  as  shall  be  adopted;  it  shall  be  the  duty  of 
such  surveyor  and  engineer  on  complaint  of  three  or  more  citizens  and  taxpayers  of 
the  county  to  go  over,  examine  and  report  to  the  board  of  county  commissioners 
what  if  any  drainage  or  other  improvement  is  necessary  for  the  board  complained  of 
together  with  an  estimate  of  the  cost  of  doing  the  same;  and  if  in  the  judgment  of 
said  board,  after  receiving  said  report  and  estimates,  said  drainage  shall  be  necessary, 
the  said  board  shall  order  the  said  surveyor  and  engineer  to  proceed  to  lay  off  such 

ditch  or  ditches  as  may  be  necessary  and  outlets  for  the  same  to  some  creek  or 

branch  which  may  be  a  natural  drain  with  ascertained  depths  and  widths  for  the 
complete  and  perfect  drainage  of  the  same  and  to  advertise  and  let  out  the  cutting, 
widening  and  cleaning  out  of  such  ditch  or  making  other  improvements  on  the  same 
to  the  lowest  bidder  for  cash,  the  terms  and  character  of  such  advertising  to  be  such 
as  may  be  adopted  by  said  board;  it  shall  be  the  duty  of  such  surveyor  and  engineer 
to  supervise  the  cutting  or  cleaning  of  such  ditch  or  ditches  and  other  improvements, 
and  no  ditch  or  ditches  or  other  improvements  shall  be  received  or  paid  for  until 
after  the  same  has  been  examined  and  reported  by  said  surveyor  and  engineer  to  be 
perfect  and  in  all  respects  to  conform  to  the  requirements  of  the  contract  for  cutting 
or  making  the  same  and  the  drainage  and  other  improvements  of  such  road,  com¬ 
pletely  effected,  and  the  said  board  of  county  commissioners  shall  have  such  power 
and  authority  to  condemn  outlets  for  such  drainage  through  private  property  as  is 
now  or  hereafter  may  be  conferred  by  the  Code  of  Public  General  Laws  of  the  State 
of  Maryland  for  condemning  public  highways,  and  the  said  board  are  authorized  to 
allow  and  pay  said  surveyor  and  engineer  for  his  services  four  dollars  per  day  for 
every  day  he  may  be  actually  engaged  in  such  service  for  the  county. 


Ibid. 


Bonds.  277  A.  In  order  to  procure  the  money  or  moneys  necessary  to  adopt  such  system  of 
drainage  and  improvement  of  the  public  road  as  provided  for  in  the  foregoing  section, 
the  board  of  county  commissioners  are  hereby  authorized  and  empowered  to  issue 
from  time  to  time  and  put  upon  the  market  bonds  to  be  denominated  Dorchester 
county  road  bonds  for  an  amount  not  exceeding  fifty  thousand  dollars  in  the  aggre¬ 
gate,  which  bonds  shall  be  issued  in  amounts  of  not  less  than  one  hundred  dollars 
for  each  bond,  payable  in  fifty  years  from  the  date  thereof,  and  bearing  interest  at 
the  rate  of  four  per  cent  per  annum,  the  interest  to  be  provided  for  by  levy  on  the 
assessable  property  of  the  county  each  year  after  the  same  or  any  part  thereof  have 
been  issued  and  disposed  of;  said*  bonds  shall  not  be  subject  to  taxation  for  State, 
county  and  municipal  purposes,  and  after  twenty  years  from  the  date  of  said  bonds 
the  said  board  of  county  commissioners  shall  make  provision  by  levy  annually  for 
such  amount  as  may  be  necessary  to  meet  and  pay  the  principal  of  said  bonds  at 
their  maturity. 

1878,  ch.  477. 


Negligence  of 

supervisors;  278.  Any -supervisor  who  shall  fail  in  tho  performance  of  any  of  his  duties,  shall 

penalty!  be  deemed  guilty  of  a  misdemeanor;  and  any  person  damaged  or  delayed  on  account 


MARYLAND  GEOLOGICAL  SURVEY 


47 


of  the  bad  or  dangerous  condition  of  the  roads  may  report  the  same,  under  oath,  to 
a  justice  of  the  peace  of  the  election  district  in  which  he  is  supervisor,  and  the  justice 
to  whom  such  report  is  made  shall  issue  his  warrant  in  the  name  of  the  State  for 
such  supervisor  so  reported,  to  be  directed  to  some  constable  of  the  district,  directing 
him  to  bring  such  supervisor  before  him  for  trial;  and  if,  upon  trial,  it  shall  appear 
that  such  public  roads  over  which  he  is  supervisor  are  in  a  bad  or  dangerous  condition, 
owing  to  his  neglect  of  any  of  the  duties  prescribed  in  this  subtitle  of  this  article,  and 
such  neglect  was  not  caused  by  sickness  of  himself  or  family,  then  the  justice  of  the 
peace  shall  fine  the  supervisor  not  less  than  five  dollars  nor  more  than  ten  dollars  and 
costs;  provided,  that  in  all  cases  when  fines  shall  be  imposed  under  this  section,  any 
supervisor  feeling  himself  aggrieved  may  appeal  to  the  circuit  court,  as  in  other  cases, 
provided  he  shall,  within  ten  days,  enter  into  bond  with  security,  for  fifty  dollars, 
to  prosecute  his  appeal  with  effect. 


1878,  ch.  477. 

279.  Each  of  the  five  county  commissioners  shall  be  and  act  as  general  road 
supervisor  of  the  commissioner  district  from  which  he  has  been  elected,  or  to  which 
he  shall  be  assigned  by  his  co-commissioners,  and  shall  have  special  supervision  of 
the  acts,  duties  and  accounts  of  the  road  supervisors  appointed  in  his  said  district 
by  the  county  commissioners,  as  is  now  or  hereafter  may  be  provided  by  law;  it 
shall  be  his  duty  to  inspect  the  roads  in  his  said  commissioner  district  and  report 
the  condition  thereof  to  the  board  of  county  commissioners  for  their  action  in  the 
premises;  no  road  bill  from  his  district  shall  be  passed  by  the  county  commissioners 
until  he  shall  have  examined  and  reported  on  the  same;  it  shall  be  his  duty  to 
notify  the  several  road  supervisors  of  his  district  of  such  needed  work  upon  their 
respective  roads  as  comes  to  his  knowledge,  and  to  report  for  the  action  of  the 
grand  jury  any  gross  neglect  of  said  road  supervisors,  and  such  obstructions  to 
public  travel,  and  road  nuisances,  as  come  to  his  notice;  and  for  every  day  that  he 
may  be  actually  engaged  in  the  inspection  of  the  roads  of  his  district  he  shall  be 
entitled  to  charge  the  same  on  his  account  as  county  commissioner;  always  provided, 
that  his  entire  compensation  as  county  commissioner  shall  not  exceed  the  sum  of 
two  hundred  dollars  per  annum. 


(1888),  art.  XI. 

FREDERICK  COUNTY. 

1880,  ch.  47. 

61.  It  shall  not  be  lawful  for  any  person  to  affix  any  flood-gate,  water-rack,  fence 
or  obstruction  of  any  kind  to  the  free  flow  of  water  to  any  county  bridge  in  Frederick 
county,  or  to  place  any  flood-gate,  water-rack,  fence  or  obstruction  of  any  kind  to 
the  free  flow  of  water  against  any  such  bridge;  and  the  road  supervisors  of  said 
county  are  authorized  and  required  to  remove  any  flood-gate,  water-rack,  fence  or 
obstruction  of  any  kind  to  the  free  flow  of  water,  that  is,  or  may  be  affixed  to  or 
placed  against  any  county  bridge  in  said  county. 

1870,  ch.  2.  1872,  ch.  13. 

85.  Whenever  three-fifths  of  the  capital  stock  of  any  turnpike  company  in  Frederick 
county,  chartered  and  organized  between  the  first  day  of  January,  1868,  and  the 
fourth  day  of  April,  1888,  or  to  be  hereafter  organized,  shall  have  been  subscribed 
for  and  taken  by  responsible  bona  fide  stockholders,  the  county  commissioners  of 
said  county  are  authorized  and  empowered  to  subscribe  for  such  portion  of  the 
remaining  two-fifths  of  the  said  capital  stock  as  they,  in  their  discretion,  may  deem 
proper,  in  the  name  and  for  the  benefit  of  said  county,  and  shall  be  entitled  to  be 
represented  at  all  meetings  of  the  stockholders  of  said  company  by  the  county  com¬ 
missioners  for  the  time  being,  or  by  such  person  as  may  be  duly  authorized  by  them; 
provided,  said  road  or  roads  so  subscribed  to  shall  be  graded  for  a  width  of  twenty 
feet,  fourteen  of  which  shall  be  covered  with  stone,  of  an  average  depth  of  nine 
inches. 


Duties  of  county 
commissioners. 


Flood-gates  or 
other  obstructions 
forbidden  at 
bridges. 


Subscription  for 
stock  in  certain 
turnpike 
companies. 


48 


THE  ROAD-LAWS  OF  MARYLAND 


1870,  ch.  2.  1872,  ch.  13. 

Issue  of  county  86.  They  are  authorized  to  issue  the  bonds  of  the  county  to  the  amount  of  the 
bonds  for  same,  stock  so  subscribed,  and  to  negotiate  said  bonds  upon  the  most  favorable  terms; 

provided,  they  -shall  not  be  sold  for  less  than  par;  and  they  are  authorized  to  levy 
upon  the  assessable  property  of  the  county  an  amount  sufficient  to  pay  the  annual 
interest  upon  said  bonds,  and  the  principal  at  maturity. 

1872,  ch.  118. 

Limitations  on  87.  They  shall  not  be  authorized  to  issue  any  bonds  or  credit  of  the  county,  or 
preceding,  subscribe  to  any  turnpike  company,  as  authorized  by  the  preceding  section,  until 
the  board  of  stockholders  of  said  company  shall  first  have  filed  a  statement  under 
oath,  in  the  office  of  said  commissioners,  that  the  total  amount  of  three-fifths,  sub¬ 
scribed  for  by  private  stockholders  of  said  company,  as  provided  by  said  section, 
has  been  fully  and  entirely  paid  up. 

1888,  ch.  211. 

Subscription  for  92.  Whenever  two-fifths  of  the  capital  stock  of  any  turnpike  company  in  Frederick 
certain  tiirn^ke  county»  chartered  and  organized  after  the  fourth  day  of  April,  1888,  shall  have  been 
companies,  subscribed  for  and  taken  by  responsible  bona  fide  stockholders,  the  county  commis¬ 
sioners  of  said  county  are  authorized  and  empowered  to  subscribe  for  such  portion  of 
the  remaining  three-fifths  of  the  said  capital  stock  as  they,  in  their  discretion,  may 
deem  proper,  in  the  name  and  for  the  benefit  of  said  county,  and  shall  be  entitled 
to  be  represented,  at  all  the  meetings  of  the  stockholders  of  said  company,  by  the 
county  commissioners  for  the  time  being,  or  by  such  persons  as  may  be  duly  authorized 
by  them;  provided,  said  roads  so  subscribed  to  shall  be  graded  for  a  width  of  twenty 
feet,  fourteen  of  which  shall  be  covered  with  stone  of  an  average  depth  of  nine 
inches;  provided,  also,  that  in  accordance  with  the  provisions  of  article  three,  section 
fifty-four,  of  the  constitution,  this  and  the  succeeding  section  shall  be  published  in 
the  newspapers  printed  in  said  county  for  two  months  before  the  election  in  1889  for 
members  of  the  house  of  delegates,  and  shall  also  be  approved  by  a  majority  of  all 
the  members  elected  to  each  house  of  the  general  assembly  at  its  session  of  1890. 

1890,  ch.  78. 

To  sanction  Chapter  two  hundred  and  eleven  of  the  acts  of  eighteen  hundred  and  eighty-eight, 
preceding  section,  entitled  an  act  to  authorize  the  county  commissioners  of  Frederick  county  to  sub¬ 
scribe  to  the  capital  stock  of  turnpike  companies  in  said  county,  having  been  published 
two  months  before  the  last  election  for  members  of  the  house  of  delegates  in  two 
newspapers  published  in  said  county,  in  accordance  with  the  provisions  of  article 
three,  section  fifty-five  of  the  constitution  of  Maryland,  is  hereby  sanctioned  and 
approved. 

1888,  ch.  211. 

Issue  of  bonds  93.  The  county  commissioners  of  the  said  county  are  authorized  to  issue  the  bonds 
for  same.  0f  the  county  to  the  amount  of  the  stock  so  subscribed,  and  to  negotiate  said  bonds 
upon  the  most  favorable  terms;  provided,  they  shall  not  be  sold  for  less  than  par. 
And  rhe  said  county  commissioners  are  authorized  to  levy,  upon  the  assessable  property 
of  the  county,  an  amount  sufficient  to  pay  the  annual  interest  upon  said  bonds,  and 
the  principal  at  maturity. 

1888,  ch.  470. 

Sale  of  county’s  94.  When  a  majority  of  the  directors  of  any  turnpike  company,  organized  and 
stock,  chartered,  or  to  be  hereafter  organized  and  chartered  in  Frederick  county,  shall  so 
request,  the  county  commissioners  of  said  county,  after  due  notice,  not  less  than 
two  weeks  prior  to  the  day  of  sale,  in  two  newspapers  published  in  Frederick  county, 
one  at  least  of  which  shall  be  published  in  Frederick  City,  shall  proceed  to  sell  at 
the  court-house  in  Frederick  City,  at  public  auction,  for  cash,  the  capital  stock 
owned  and  held  by  said  county  in  the  turnpike  company  so  making  the  request; 
provided,  that  no  part  of  said  capital  stock  shall  be  sold  for  less  than  par,  and  that 
no  more  than  ten  shares  of  said  capital  stock  shall  be  offered  and  sold  under  one  bid. 


MARYLAND  GEOLOGICAL  SURVEY 


49 


1872,  ch.  86. 

95.  The  county  collector  at  the  time  of  making  hi&  final  settlement,  as  such 
collector,  with  the  county  commissioners,  shall  return  on  oath  to  the  said  county 
commissioners  a  full  and  particular  list  of  all  persons  entitled  to  sums  of  money  ap¬ 
propriated  for  his  use  and  not  paid  over  during  his  term  of  office,  and  the  amount  of 
money  so  appropriated  to  each  person;  and  it  shall  be  the  duty  of  the  county  com 
missioners  to  publish,  in  at  least  one  newspaper  published  in  said  county,  a  list  of 
such  appropriations  made  and  not  paid  over,  with  the  names  of  the  persons  entitled 
to  such  appropriations  and  the  amounts  appropriated  and  due;  and  in  case  the 
person  to  whom  such  appropriations  are  payable  shall  not,  within  two  months  from 
the  date  of  such  publication,  demand  from  the  collector  the  amount  appropriated  to 
him,  it  shall  be  the  duty  of  said  collector  to  pay  over  to  the  county  commissioners 
the  sum  of  money  not  paid  over  to  the  person  entitled  to  the  same,  and  the  same 
shall  be  kept  by  the  county  commissioners  subject  to  the  order  of  the  person  entitled 
thereto;  and  in  case  the  said  collector  shall  fail,  neglect  or  refuse  to  pay  over  such 
unpaid  appropriations,  on  demand  made  by  the  county  commissioners,  then  it  shall 
be  the  duty  of  the  county  commissioners  to  institute  suit  on  the  bond  of  such  col¬ 
lector,  and  to  assign  generally  the  breach  that  said  collector  has  failed  or  refused 
to  pay  over  to  the  county  commissioners  the  balance  in  his  hands  as  such  collector 
under  this  section. 

1892,  ch.  426. 

95  A.  In  all  cases  in  which  petitions  are  filed  for  the  opening,  altering  or  closing 
of  public  roads  in  Frederick  county,  under  the  provisions  of  article  twenty-five,  of  the 
Code  of  Public  General  Laws,  the  county  commissioners  shall  first  determine  whether 
the  public  convenience  requires  the  opening,  altering  or  closing  of  the  public  road  as 
petitioned  for,  and  to  that  end  may  visit  in  a  body  or  by  a  committee  of  their  own 
number  appointed  for  that  purpose,  the  locality  in  which  it  is  proposed  to  open,  alter  or 
close  such  public  road  and  ascertain  the  required  conveniences  of  the  community  through 
which  it  is  proposed  such  new,  altered  or  closed  road  shall  run,  and  if  they  shall 
be  of  opinion  that  the  public  convenience  of  such  community  does  require  the  opening 
of  a  new  road,  or  the  altering  or  closing  of  an  old  road,  as  the  case  may  be,  but 
that  such  convenience  would  be  better  served  by  the  adoption  of  a  different  location 
than  that  mentioned  in  the  petition,  they  shall  so  determine  and  shall  cause  a 
survey  and  plat  of  the  proposed  new  road  or  alteration  to  be  made  by  a  competent 
surveyor  upon  such  location  or  route  as  in  their  judgment  will  best  promote  the 
public  convenience. 

Ibid. 

95  B.  Whenever  the  county  commissioners  shall  decide  that  it  is  expedient  that  a 
road  be  opened  or  altered  as  provided  in  the  preceding  section,  they  may  contract 
with  the  owner  or  owners  of  the  land  through  which  the  said  road  is  intended  to 
run,  for  the  right  of  way  over  the  land  required  for  the  opening  or  altering  of  said 
road,  if  he,  she  or  they  be  competent  to  contract;  and  in  case  the  said  county  commis¬ 
sioners  shall  so  contract,  they  shall  cause  said  survey  and  plat  to  be  recorded  in  the 
office  of  the  clerk  of  the  circuit  court  for  said  county,  which  said  survey  and  plat  shall 
be  referred  to  in,  and  shall  be  a  part  of  said  deed  or  deeds;  and  the  lands  so  conveyed 
shall  be  and  become  thenceforth  the  property  of  the  county,  in  the  same  manner 
and  to  the  same  extent  as  the  lands  of  other  county  roads,  and  no  further,  subject 
to  the  public’s  right  of  way  over  the  same;  and  the  said  county  commissioners  shall 
also  cause  such  survey  and  plat  to  be  filed  and  recorded  in  their  own  office,  with 
their  other  proceedings  in  connection  with  such  public  road. 

Ibid. 

95  C.  It  shall  be  lawful  for  the  said  county  commissioners  of  said  county  to 
contract  for  land  for  drains  for  county  roads  or  other  public  use  or  uses,  which  said 
land  shall  be  the  property  of  said  county,  subject  to  said  use  or  uses;  and  the  said 
county  commissioners  are  authorized,  when  the  county  roads  cannot  be  conveniently 
drained  by  drains  along  the  said  county  roads,  to  make  the  same  upon  the  property 
outside  the  limits  thereof;  and  they  shall  contract  for  the  lands  that  may  be  required 
4 


Disposal  of  money 
collected  by 
county  collector 
<or  roads. 


Procedure  for 
changing  a  road. 


Right  of  way. 


Land  for  drains. 


50 


THE  ROAD-LAWS  OF  MARYLAND 


for  that  purpose  as  before  provided;  or  they  may  proceed  to  condemn  the  lands  that 
may  be  necessary  for  the  purpose  under  the  provisions  of  section  two  hundred  and 
forty-eight  to  two  hundred  and  fifty-three,  both  inclusive,  of  article  twenty-three  of 
the  Code  of  Public  General  Laws,  title  “  Corporations.” 


1892,  ch.  426. 

Examiners.  95  D.  Whenever  the  county  commissioners,  after  having  determined  that  the  public 
convenience  requires  the  opening,  altering  or  closing  of  a  public  road,  and  after 
having  determined  upon  the  location  which,  in  their  opinion  will  best  promote  the 
public  convenience,  shall  fail  for  any  cause  to  contract  with  the  owner  or  owners  of 
the  land  necessary  for  such  road,  or  if  such  owner  or  owners  is  or  are  non  compos 
mentis  or  under  age,  they  shall  appoint  three  persons  as  examiners,  who  shall  be 
freeholders  in  the  county,  and  not  interested  in  or  holding  lands  through  which  the 
road  is  proposed  to  be  opened  or  altered,  to  appraise  the  damages  which  the  owner 
or  owners  of  the  lands  required  for  said  road  will  sustain  by  the  opening,  altering  or 
closing  of  the  same;  but  the  appointment  of  examiners  shall  not  prevent  the  said 
county  commissioners  at  any  time  thereafter  from  contracting  with  the  owner  as 
before  provided. 

Ibid. 

Examiners’  oath.  95  E.  The  said  examiners,  before  they  proceed  to  act  as  such,  shall  take  an  oath 
to  execute  the  trust  reposed  in  them  by  the  commissioners  to  them  issued,  faithfully  and 
without  favor,  affection  or  partiality,  which  oath  shall  be  endorsed  on  the  commission 
and  returned  therewith;  and  after  taking  such  oath,  they  or  a  majority  of  them, 
after  giving  thirty  days’  notice  to  the  owner  or  owners  of  the  lands  through  which 
such  proposed  road  is  to  run,  in  the  manner  prescribed  in  section  eighty-four,  of 
article  twenty-five,  of  the  Code  of  Public  General  Laws  of  the  State  of  Maryland, 
shall  meet  on  the  premises  and  proceed  to  value  and  appraise  the  damages  which 
the  owner  or  owners  of  such  lands  will  sustain  by  the  opening,  altering  or  closing 
of  such  road,  and  shall  make  a  full  report  thereof  to  the  said  County  commissioners. 

Ibid. 

Sections  substi-  95  F.  The  foregoing  sections,  ninety-five  A,  ninety-five  B,  ninety-five  C,  ninety-fiye 

tuted  for  others,  d,  and  ninety -five  E,  shall  be  a  substitute  for  and  in  lieu  of  sections  eighty-six, 
eighty-seven,  eighty-eight,  eighty-nine  and  ninety  of  article  twenty-five  of  the  Code 
of  Public  General  Laws  of  the  State  of  Maryland,  in  so  far  as  said  last-named 
sections  apply  to  Frederick  county,  but  all  other  sections  of  said  article  twenty-five 
shall  be  and  remain  in  full  force  and  effect  in  Frederick  county. 

Ibid. 

Appeal.  95  G.  Any  person  feeling  himself  aggrieved  by  any  order  or  determination  of  the 
county  commissioners  of  Frederick  county,  passed  or  made  under  the  provisions  of 
the  preceding  sections,  shall  have  the  right  to  appeal  therefrom  to  the  Circuit  Court 
for  Frederick  county,  at  any  time  within  sixty  days  from  the  final  order  in  the 
premises,  as  fully  as  is  now  allowed  by  law, 

(1860),  art.  11,  sec.  265. 

Removal  of  snow.  423.  The  supervisors  of  roads  in  Frederick  county  shall  remove  such  snow-drifts 
as  may  render  the  roads  impassable  for  several  days. 

Ibid.  sec.  266. 

Guide-posts.  424.  They  shall  erect  and  keep  up  at  the  expense  of  the  county,  at  all  public 
crossroads,  and  where  public  roads  fork,  indexes  or  finger-boards  pointing  to  the 
nearest  town,  mill  or  other  places  where  the  roads  lead,  with  the  names  of  such  places 
and  the  distances  thereto  legibly  inscribed  thereon. 

Ibid.  sec.  267. 

Fine  for  injury  425.  If  any  person  shall  wantonly  deface,  injure  or  pull  down  any  such  index  or 
to  same,  finger-board,  he  shall  forfeit  and  pay  a  sum  not  exceeding  five  dollars  for  each 


MARYLAND  GEOLOGICAL  SURVEY 


51 


offense,  to  be  recovered  before  a  justice  of  the  peace  in  the  same  manner  as  small 
debts  are  recoverable,  one-half  to  the  informer  and  the  other  half  to  the  use  of  the 
county. 

1876,  ch.  404. 


426.  The  county  commissioners,  in  appointing  road  supervisors,  shall  not  appoint  Amount  of  road 
any  one  road  supervisor  to  have  control  or  supervision  over  more  than  ten  miles  of  allotted  each 
public  road. 

1884,  ch.  95. 


supervisor. 


435.  Whenever  the  county  commissioners,  under  the  provisions  of  the  code  of  County  surveyors’ 
public  general  laws  of  Maryland,  relating  to  county  commissioners  and  public  and  aid  to  examiners 
private  roads,  shall  appoint  examiners  to  view  the  premises  with  a  view  to  locate 
any  public  or  private  road,  and  said  examiners,  in  pursuance  of  their  duty,  shall 
require  the  services  of  a  surveyor,  such  examiner  shall  notify  the  surveyor  for  said 
county,  whose  duty  it  shall  be  to  render  the  service  required  by  said  examiners,  either 
in  person  or  by  deputy. 

(1888),  art.  Nil. 


GARRETT  COUNTY. 

1878,  ch.  108. 

38.  The  county  commissioners  shall  direct  the  supervisors  of  roads  to  erect  and  Guide-posts, 
keep  up  at  the  expense  of  the  county,  at  all  public  crossroads  and  where  public 
roads  fork,  indexes  or  finger-boards  pointing  to  the  nearest  town,  mill  or  other 
public  place  to  which  said  roads  lead,  with  the  names  of  the  places  and  distances 
thereto  legibly  inscribed  thereon,  and  the  expense  thereof  shall  be  levied  as  other 
county  charges. 

1878,  ch.  158. 

199.  So  much  of  the  United  States  road,  commonly  known  as  the  National  turnpike,  Control  of  the 
as  passes  through  Garrett  county,  is  transferred  to  and  placed  under  the  custody,  National  turnpike, 
care  and  control  of  the  county  commissioners,  who  are  authorized  and  required  to 
assume  the  custody  and  control  thereof. 


1880,  ch.  261. 

200.  They  shall  annually  appoint,  at  their  meeting  in  January,  one  or  more  road  Road  supervisors, 
supervisors  for  each  election  district  of  said  county,  as  in  their  judgment  may  be 
necessary. 


(1888),  art.  XIII. 

HARFORD  COUNTY. 

(1860),  art.  12,  sec.  94. 

245.  The  county  commissioners  are  authorized,  in  their  discretion,  to  resurvey  and  Resurveys, 
mark  and  bound  the  public  roads  in  Harford  county,  when  and  where  they  may 

deem  such  resurvey  necessary  and  expedient. 

Ibid.  sec.  95. 

246.  Whenever  they  shall  deem  it  expedient  that  any  of  the  public  roads  shall  Examiners 
be  resurveyed,  they  shall  appoint  three  persons  not  interested  or  holding  lands  for  same- 
through  which  said  road  may  pass;  and  the  persons  so  appointed,  after  giving 

thirty  days’  notice  thereof,  shall  meet  on  the  premises  and  resurvey  and  mark  and 
bound  such  public  road  according  to  the  best  evidence  they  can  obtain  of  the  location 
thereof,  either  by  examination  of  witnesses,  or  by  reference  to  former  surveys,  or 
by  personal  inspection  of  such  road;  and  in  the  absence  of  other  sufficient  and  satis¬ 
factory  evidence,  the  examiners  are  authorized  to  adopt  the  center  of  such  road  as 
the  center  thereof  according  to  its  true  location,  and  mark  and  bound  such  road 
accordingly,  giving  it  the  proper  width  to  which  it  may  be  entitled,  being  not  less 
than  thirty  feet  in  any  case;  and  they  shall  make  and  return  to  the  county  com- 


52 


THE  ROAD-LAWS  OF  MARYLAND 


Examiners’  oath. 


Judgment  of 
county  commis¬ 
sioners  on  report 
of  examiners. 


Road  supervisors. 


Fine  for  refusal 
to  serve. 


Duties  of  road 
supervisors. 


Duty  of  supervisor 
in  case  of  serious 
obstructions. 


missioners  a  plat  of  such  road  with  a  full  report  of  their  proceedings,  under  their 
hands. 

(1860),  art.  12,  sec.  96. 

247.  The  examiners,  before  they  proceed  to  act,  shall  take  an  oath  to  execute 
the  trust  reposed  in  them  by  the  commission  issued  to  them,  faithfully  and  without 
favor,  affection  or  partiality,  which  oath  shall  be  endorsed  on  the  commission  and 
returned  therewith. 

Ibid.  sec.  97. 

248.  Upon  the  expiration  of  ten  days  from  the  return  of  the  examiners,  the 
county  commissioners,  after  hearing  and  considering  any  objections  that  may  be 
made,  shall  proceed  to  pass  judgment  thereon,  and  affirm  or  reject  the  same,  or 
order  it  to  be  amended,  in  their  discretion,  and  may  continue  over  their  proceedings 
to  their  next  meeting,  and  so  from  time  to  time,  so  long  as  they  shall,  in  their 
judgment,  think  such  continuance  necessary  for  the  purpose  of  justice;  and  their 
final  judgment,  in  relation  to  such  road,  and  the  plat  thereof,  as  confirmed  by  such 
judgment,  shall  be  recorded  among  the  land-records  of  the  county  by  the  clerk  of 
the  circuit  court  in  a  separate  book,  to  be  by  him  provided  for  that  purpose;  and 
for  such  recording,  the  clerk  shall  be  entitled  to  charge  and  be  paid  by  the  county 
commissioners,  according  to  the  rate  for  recording  such  matters  authorized  by  law; 
and  the  resurvey  of  such  road  as  established  and  confirmed  by  the  judgment  of  the 
county  commissioners,  or  certified  copies  of  the  record  thereof,  shall  be  taken  and 
received  as  full  and  sufficient  evidence  of  the  true  location  of  such  road. 

(1888),  art.  XIY. 

HOWARD  COUNTY. 

1894,  ch.  130. 

104.  The  county  commissioners  shall,  if  they  deem  it  expedient,  on  the  first 
Tuesday  in  March  in  each  and  every  year,  or  within  thirty  days  thereafter,  appoint 
one  or  more  supervisors  of  roads  in  each  of  the  road  districts  of  said  county,  who 
shall  serve  one  year  or  until  his  or  their  successor  or  successors  shall  be  appointed. 

1870,  ch.  142. 

105.  When  any  person  shall  refuse  to  accept  the  appointment  of  supervisor,  fifty 
days  after  notification  thereof,  he  shall  pay  a  fine  of  twenty  dollars,  to  be  recovered 
by  action  of  debt  before  a  justice  of  the  peace,  in  the  name  of  the  county  commis¬ 
sioners,  to  be  appropriated  to  road  purposes  within  his  district;  which  fine  the 
commissioners  may  remit  upon  being  satisfied  that  said  person  ought  not  to  have 
been  appointed;  and  they  shall  have  power  to  remove  any  supervisor  who  shall  fail 
in  or  neglect  his  duties  and  to  appoint  another  person  in  his  place. 

Ibid. 

106.  It  shall  be  the  duty  ot  each  supervisor  to  cause  all  public  roads  within  his 
district  to  be  kept  cleared,  smooth  and  in  good  repair,  with  suitable  drains  on  each 
side,  so  as  to  afford  at  all  times  free,  safe  and  easy  passage  for  wagons  and  carriages 
along  such  roads;  to  cause  bridges  and  culverts  to  be  made  where  necessary,  and 
to  keep  the  same  in  repair;  and  erect  and  keep  in  repair  at  the  forks  and  crossings, 
posts  and  guide-boards  with  plain  letters  for  guides,  giving  the  direction  and  distances 
to  the  most  noted  places  to  which  said  roads  lead. 

Ibid. 

107.  Whenever  any  public  road  shall  be  obstructed  in  any  manner,  and  whenever 
any  bridge  or  culvert  shall  be  out  of  repair  or  dangerous,  it  shall  be  the  duty  of  the 
supervisor  to  remove  the  obstructions  and  to  have  the  bridges  and  culverts  rebuilt  or 
repaired;  provided,  the  cost  thereof  shall  not  exceed  ten  dollars;  but  if  the  cost 
exceed  ten  dollars,  he  shall  report  the  same  to  the  county  commissioners,  whose  duty 
it  shall  be  to  immediately  cause  the  obstructions  to  be  removed,  or  such  bridge  or 


MARYLAND  GEOLOGICAL  SURVEY 


53 


conduit  to  be  rebuilt  or  repaired,  as  the  case  may  be,  either  by  ordering  the  super¬ 
visor  to  hire  laborers  and  teams  for  the  purpose,  or  by  making  a  contract  therefor 
with  some  fit  person;  and  all  moneys  required  to  carry  out  the  provisions  of  this 
subtitle  of  this  article  shall  be  paid  out  of  the  funds  of  the  county,  on  the  order  of 
the  commissioners;  and  all  bills  of  cost  for  hire  of  persons  or  teams,  or  for  other 
expenses  incurred  in  repairing  the  public  roads,  when  approved  by  the  county  com¬ 
missioners  by  endorsement  thereon,  shall  be  receivable  from  the  party  to  whom 
the  same  are  due,  or  his  assignees  in  writing,  in  payment  of  county  taxes  due  by 
the  lawful  holders  thereof. 

1870,  ch.  142. 

108.  The  several  supervisors  shall  make  general  repairs  of  the  roads  within 
their  districts  at  least  twice  in  each  year,  once  prior  to  the  fifteenth  of  May  and 
once  prior  to  the  fifteenth  of  September;  and  the  county  commissioners  shall  fix 
and  regulate,  from  time  to  time,  the  prices  to  be  paid  by  supervisors  for  the  hire  of 
necessary  teams  and  laborers  to  execute  any  work  upon  said  roads  required  by  law. 

Ibid. 

109.  The  several  supervisors  shall  report  semi-annually,  in  June  and  November, 
to  the  county  commissioners,  the  state  of  the  roads  within  their  districts,  and  the 
expenses  incurred  by  them,  the  amount  of  money  paid  out  by  them  in  constructing 
and  repairing  roads,  with  the  vouchers  for  the  same;  each  supervisor  shall  be  entitled 
to  receive  an  annual  salary  of  not  exceeding  three  dollars  per  day  for  each  day  he 
is  actually  employed  on  the  roads  for  the  said  commissioners,  and  shall  be  wholly 
exempt,  during  his  time  of  service,  from  militia  duty,  and  from  service  on  juries; 
and  moreover,  no  supervisor  shall  be  allowed  to  hire  his  own  carts,  teams  or  laborers 
in  his  own  private  employment,  for  any  service  on  said  public  roads. 

Ibid. 

110.  In  addition  to  the  proper  proportion  of  the  general  road  tax  levied  for 
ordinary  expenses  of  roads  and  bridges  within  the  county,  the  county  commissioners 
shall  have  power,  in  their  discretion,  upon  the  petition  of  thirty  or  more  landowners 
within  any  road  district,  to  levy  upon  the  assessable  property  within  such  road 
district,  an  additional  special  tax  of  not  more  than  ten  cents  in  the  hundred  dollars, 
to  be  collected  as  other  county  taxes,  and  to  be  expended  under  the  direction  of 
the  county  commissioners  in  the  improvement  of  the  roads  within  said  district. 

Ibid. 

111.  Any  supervisor  may  be  sued  before  any  justice  of  the  peace  in  an  action 

of  debt,  in  the  name  of  the  county  commissioners,  for  any  dereliction  of  duty  under 
this  subtitle  of  this  article,  the  amount  to  be  recovered  not  to  exceed  in  any  case 

the  sum  of  one  hundred  dollars,  according  to  the  aggravation  of  the  case,  either 

party  having  the  right  of  appeal  to  the  circuit  court,  as  in  other  cases  of  small 
debts;  and  all  sums  so  recovered  shall  be  applied  in  aid  of  the  road-fund  of  the  dis¬ 
trict  where  such  supervisor  acts;  or  he  shall  be  liable  to  indictment  in  the  circuit 
court  for  said  county,  and  may  be  fined  at  the  discretion  of  the  court,  and  the  fines 
imposed  shall  likewise  be  applied  to  the  road-fund  of  his  said  district. 

Ibid. 

112.  The  several  supervisors  shall  have  power,  with  the  assent  of  the  county 

commissioners,  to  contract  with  the  proprietor  of  any  lands  adjacent  to  any  public 
road,  for  the  keeping  of  said  road,  or  any  designated  part  thereof,  in  repair  for  the 
term  of  one  year;  and  said  contractor  shall,  during  the  time  covered  by  his  contract, 

be  liable  to  be  proceeded  against  for  any  dereliction  of  duty  in  respect  to  repairing 

said  roads,  in  the  same  manner  as  is  above  provided  in  respect  to  supervisors,  in 
addition  to  his  common-law  liability  for  breach  of  his  contract. 

Ibid. 

113.  If  any  person  shall  encroach  upon  any  public  road  by  fences  or  other 
obstructions,  or  shall  purposely  destroy  or  injure  any  bridge  or  culvert,  or  destroy  or  in- 


Road  repairs. 


Reports  of 
supervisors. 


Compensation. 


Levy  of  special 
tax. 


Responsibility  of 
road  supervisor. 


Maintenance  of 
road  by  contract. 


Penalty  for 
injuries  to  roads 
or  bridges. 


54 


THE  ROAD-LAWS  OF  MARYLAND 


jure  any  guide-post  or  guide-boards,  or  dig  any  ditch  or  drain  across  any  road,  and  not 
keep  such  ditch  or  drain  secure  and  well  covered  and  in  good  repair  for  the  passage 
of  all  vehicles  over  the  same,  to  the  full  width  of  said  road;  or  if  any  person  shall 
drain  any  water  into  or  upon  any  public  road,  each  and  every  such  person  for  every 
such  offense,  and  for  each  and  every  day  any  such  ditch  or  drain  shall  be  suffered  to 
remain  out  of  repair  and  injurious  to  such  road,  shall  be  liable  to  be  sued  in  an 
action  of  debt,  before  a  justice  of  the  peace,  in  the  name  of  the  county  commissioners, 
in  which  said  action  the  amount  recoverable  shall  not  be  less  than  five  nor  more 
than  fifty  dollars;  either  party  shall  have  the  right  of  appeal  to  the  circuit  court,  as  in 
other  cases  of  small  debts,  and  the  sums  recovered  in  any  such  action  shall  be 
applied  in  the  same  manner  as  hereinbefore  provided. 

18S8,  ch.  163. 

Examiners  appraise  115.  Whenever  examiners  shall  be  appointed  in  Howard  county  for  the  purpose 
damages.  0f  opening,  altering  or  closing  a  public  road  in  said  county,  they,  or  a  majority  of 
them,  shall  value  and  ascertain  the  damages  and  benefits,  respectively,  that  may  be 
sustained  by  each  person  damaged  or  benefited  thereby,  if  the  application  shall  be 
for  opening  or  altering  a  road,  by  opening  or  altering  the  same,  taking  into  con¬ 
sideration  the  advantages  and  disadvantages  of  the  same,  if  any;  and  they  shall 
make  such  ascertainment  a  part  of  their  return  to  the  county  commissioners,  and  the 
same,  with  the  rest  of  their  proceedings,  shall  be  subject  to  the  ratification,  rejection 
or  alteration  of  the  county  commissioners,  in  such  manner  as  in  their  judgment 
shall  be  just. 

Ibid. 

County  commis-  116.  The  county  commissioners  shall  determine  whether  the  benefits  adjudged  by 
sioners  decide,  examiners,  or  by  themselves,  the  expenses  of  opening,  making  or  altering  the 
road  in  question,  and  the  cost  of  all  proceedings  relating  thereto  shall  be  paid  by 
the  persons  petitioning,  those  benefited,  or  the  county,  or  may  direct  that  the  same 
be  paid  by  the  petitioners,  those  benefited  and  the  county  in  such  proportions  as  they 
may  deem  just;  and  after  the  final  ascertainment  by  the  county  commissioners  of  the 
proportions  in  which  and  by  whom  such  benefits  shall  be  paid,  the  same  shall  be  a 
debt  from  the  person  against  whom  the  same  shall  have  been  assessed,  to  the 
county  commissioners;  but  no  damages  or  benefits  shall  be  payable  until  after  the 
final  disposition  of  any  appeal  to  the  circuit  court  for  said  county  from  the  assess¬ 
ment  by  the  county  commissioners  of  damages  to  or  benefits  against  any  person. 

1888,  ch.  283. 

Plat  and  record  of  117.  In  all  cases  where  any  public  road  in  Howard  county  is  hereafter  opened, 
changes  in  roads,  altered  or  closed  by  the  county  commissioners  of  said  county,  they  shall,  within  six 
months  after  said  road  shall  have  been  opened  to  public  travel,  altered  or  closed,  as 
the  case  may  be,  cause  the  petition,  plat  and  other  proceedings  had  in  relation  to  the 
same  to  be  recorded  in  a  well-bound  book  to  be  kept  in  their  office  for  this  purpose. 

Ibid. 

Such  records  are  118.  A  copy  of  said  proceedings  when  so  recorded,  duly  attested  by  the  clerk 
prima facie  0f  saiq  county  commissioners,  under  the  seal  of  the  office  of  the  county  commissioners, 
evidence.  sjialj  a(jmitted  as  prima  facie  evidence  in  any  court,  or  before  any  justice  of  the 
peace  in  this  State,  to  prove  the  facts  therein  recited. 

(1888),  art.  XV. 

KENT  COUNTY. 

1876,  ch.  99. 

Duties  of  county  80.  The  county  commissioners  shall  have  the  general  supervision  of  the  public 

commissioners  in  roa£s  in  Kent  county,  and  the  work  done  thereon,  and  for  this  purpose  they  shall,  at 
the  supervision  their  flrgt  meeting  in  january  after  their  election  and  qualification,  assign  among 
themselves  the  different  districts  of  the  county,  one  of  said  commissioners  to  each 
of  said  districts,  whose  duty  it  shall  be  to  supervise  all  the  public  roads  in  the  dis- 


MARYLAND  GEOLOGICAL  SURVEY 


55 


tricts  assigned  to  him,  and  to  go  over  said  roads  at  least  one  day  and  not  more  than 
two  days  in  each  month,  for  which  services  they  shall  be  entitled  to  the  same  per 
diem  and  mileage  as  for  other  duties  performed  by  them;  and  before  the  accounts 
of  any  person  appointed  as  supervisor  under  them  by  the  board  of  county  commis¬ 
sioners  are  passed  and  paid  by  the  said  board,  they  shall  have  first  the  endorsement 
and  approval  of  the  said  county  commissioner  thus  assigned  to,  and  put  in  charge 
of  said  district. 

(1860),  art.  14,  sec.  152. 

167.  The  supervisors  of  roads  in  said  county  may  cut  an  opening  in  any  bank  Drainage, 
erected  alongside  of  the  public  roads,  so  that  the  water  may  pass  off. 

Ibid.  sec.  153. 

168.  The  supervisors  of  roads  in  Kent  county  may  enter  upon  adjacent  lands,  and  Drainage  to 

by  ditching  or  otherwise,  draw  the  water  from  the  public  roads.  adjacent  lands. 

Ibid.  sec.  154. 

160.  The  county  commissioners  upon  satisfactory  proof  may  make  allowances  Damages  for  same, 
and  levy  for  any  injury  that  may  be  done  by  such  drainage  to  the  owners  of  said 
lands. 

Ibid.  sec.  155. 

170.  The  filling  up  or  obstruction  of  such  avenues  or  openings,  may  be  punished  Obstruction 
by  the  circuit  court  for  Kent  county  by  presentment  or  indictment  as  for  obstruc-  of  drains- 
tions  of  the  public  roads. 

•Ibid.  sec.  160. 

171.  If  any  person  shall  alter,  change,  obstruct  or  encroach  upon  any  public  road  Obstruction 

in  said  county,  or  cut  down,  destroy  or  injure  any  of  the  bridges,  causeways,  bound-  of  roads* 

aries,  marks  or  directions  therein  or  thereon,  he  shall,  on  conviction  in  the  circuit 

-court  for  said  county,  be  fined,  at  the  discretion  of  the  court,  not  exceeding  fifty 
dollars,  the  same  to  be  paid  to  and  accounted  for  by  the  supervisor  of  the  district 
where  the  road  lies. 

Ibid.  sec.  161. 

172.  The  county  commissioners  may,  upon  application,  authorize  the  erection  of  Gates, 
gates  upon  any  public  road  in  said  county. 

Ibid.  sec.  162. 

173.  The  owner  of  every  gate  kept  on  the  public  road  shall  have  the  same  hung  How  erected, 

on  good  iron  hinges,  swinging  clear  and  free,  and  easily  to  be  opened,  and  shall 

keep  the  same  and  that  part  of  the  road  he  shall  occupy  immediately  round  about 
said  gate,  for  the  space  of  ten  yards,  in  good  order  and  repair. 

Ibid.  sec.  163. 

174.  The  owner  of  every  gate  on  the  public  roads  shall  pay  a  tax  of  one  dollar  Gate-tax. 
per  annum  thereon. 

1868,  ch.  182. 

180.  It  shall  not  be  lawful  for  any  person  to  ride,  drive  or  lead  any  horse,  Riding  or  driving 
mare,  mule,  oxen,  cow  or  other  animal,  on  or  over  the  sidewalk  on  the  western  side  a?A  animal  on 

of  the  main  road  leading  from  Galena,  where  the  roads  cross,  to  the  hill  at  George-  forbidden 

town,  nor  on  the  sidewalk  on  the  northern  and  eastern  side  of  the  public  road 
leading  from  the  northwestern  precincts  of  Chestertown  to  the  westernmost  corner 
of  Chester  cemetery  on  the  road  to  Whaland’s  mills;  and  any  person  thus  offending 
shall  be  subject  to  a  fine  of  two  dollars  for  the  first  offense,  and  three  dollars  for 

every  subsequent  offense,  to  be  recovered  before  a  justice  of  the  peace  as  small 

debts  are  recovered,  in  the  name  of  the  county  commissioners  of  Kent  county;  and 
such  moneys  when  recovered  shall  be  paid  to  them,  to  be  expended  under  their  direc¬ 
tions,  for  the  purpose  of  repairing  and  improving,  respectively,  the  said  sidewalks, 
which  shall  not  exceed  eight  feet  in  width  on  their  surface;  provided,  that  nothing 


56 


THE  ROAD-LAWS  OF  MARYLAND 


Examiners  for 
alteration  of 
private  road. 


Objection  to 
alterations. 


Board  of 
alterations. 


Such  a  road 
becomes  a 
private  road. 


Compensation  for 
commissioner. 


Right  of  appeal. 


Road  districts  and 
supervisors. 


Supervisors’ 

report. 


in  this  section  shall  prevent  persons  riding  or  driving  across  said  sidewalks  to  obtain 
access  to  adjoining  lands,  or  the  grounds  of  Chester  cemetery. 

1878,  ch.  236. 

181.  The  county  commissioners,  on  application  of  any  owner  of  a  private  road  or 
way  to  have  the  same  altered  or  widened,  because  its  course  or  breadth  seriously 
embarrasses  travel  thereon,  or  renders  it  unsafe,  shall  appoint  three  discreet  and 
sensible  persons  of  the  county,  not  related  to  either  of  the  parties,  who  shall  act  as 
commissioners  to  alter  or  widen  said  road,  keeping  its  breadth  within  thirty  feet 
clear  of  ditches,  and  taking  into  consideration  the  convenience  of  the  person  owning 
said  roads,  as  well  as  the  convenience  and  interest  of  the  persons  through  whose 
lands  the  same  may  be  located;  and  the  said  commissioners  shall  assess  the  damages 
to  be  paid  to  the  owners  of  the  lands  through  which  the  said  road  may  pass. 

Ibid. 

182.  If  any  person  through  whose  lands  said  road  may  pass,  or  the  person  apply¬ 
ing  to  have  the  same  altered  or  widened,  shall  object  to  its  being  altered  or  widened 
in  the  manner  returned  by  the  commissioners,  the  county  commissioners  may  make 
such  orders  as  to  the  manner  of  altering  or  widening  said  road  as  they  may  deem 
proper. 

Ibid. 

183.  After  any  private  road  shall  be  altered  or  widened  under  the  two  preceding 
sections,  the  county  commissioners  shall  direct  the  application  therefor,  and  the 
commissioners’  return  thereof,  to  be  recorded. 

Ibid. 

184.  After  the  damages  assessed  and  the  costs  of  altering  or  widening  of  said 
road  shall  be  paid  by  the  person  applying  for  the  same,  the  said  road  as  altered  or 
widened  shall  be  considered  as  the  private  road  of  the  applicant,  who  shall  keep  it 
open  and  repair  the  same  at  his  own  expense. 

Ibid. 

185.  Each  commissioner,  as  compensation  for  his  services,  shall  be  entitled  to 
two  dollars  per  day  for  every  day  be  may  be  engaged  under  the  aforesaid  appointment. 

Ibid. 

186.  In  case  any  person  shall  deem  himself  aggrieved  by  the  proceedings  under 
the  aforesaid  application,  or  any  order  of  the  county  commissioners,  he  shall  have 
the  right  of  entering  an  appeal  at  any  time  within  sixty  days  from  the  time  of  such 
decision  or  order  of  said  commissioners,  to  the  circuit  court  for  said  county,  and  the 
case  shall  be  determined  by  the  judge  thereof,  or  by  a  jury,  at  the  option  of  either 
party. 


(1888),  art.  XYI. 

MONTGOMERY  COUNTY. 

1870,  ch.  187. 

167.  The  county  commissioners  are  authorized  and  directed  to  divide  the  several 
election  districts  of  Montgomery  county  into  as  many  road  districts,  and  alter  the 
same  from  time  to  time,  as  they  may  deem  expedient,  and  to  appoint  one  supervisor 
for  each  of  said  road  districts  at  their  first  meeting  in  the  month  of  April,  in  each  year. 

Ibid. 

168.  Each  supervisor  is  required  to  report  to  the  county  commissioners,  at  their 
first  meeting  in  the  month  of  May,  what  repairs  are  necessary  to  be  made  on  the 
public  roads  and  bridges  in  his  road  district. 


MARYLAND  GEOLOGICAL  SURVEY 


57 


1870,  cli.  187. 

169.  The  supervisor  of  each  road  district  is  authorized  to  hire  horses,  wagons, 
carts  and  plows,  and  to  employ  not  less  than  six  able-bodied  men  hands  to  work 
on  the  repairs  of  the  public  roads  and  bridges  in  his  district,  and  he  is  required  to 
commence  the  ordinary  repairs  of  said  public  roads  and  bridges  in  the  month  of  May, 
and  to  complete  the  same  by  the  first  day  of  September,  in  each  year. 

Ibid. 

170.  Each  supervisor  is  required  to  keep  an  accurate  account  of  the  number  of 
days  he  was  engaged  on  the  repairs  of  said  roads  and  bridges  in  his  road  district  as 
supervisor,  the  number  of  hands  worked  each  day,  and  the  number  of  days’  labor 
performed  by  each  hand,  the  number  of  horses,  wagons,  carts  and  plows  used,  and  the 
number  of  days  they  were  in  use,  and  report  the  same  under  oath  to  the  county 
commissioners. 

Ibid. 

171.  If  any  supervisor  shall  render  to  the  county  commissioners  a  false  state¬ 
ment  of  account,  or  shall  be  guilty  of  wilful  neglect  of  duty,  he  shall  be  liable  to 
indictment  by  the  grand  jury,  and  if  convicted  in  the  circuit  court  for  said  county 
shall  be  fined  any  sum,  in  the  discretion  of  the  court,  not  exceeding  fifty  dollars  for 
each  offense. 

Ibid. 

172.  The  county  commissioners  are  authorized  to  purchase,  for  the  use  of  the 
county  roads,  scoops,  hoes,  shovels  and  picks,  for  the  purpose  of  repairing  said  roads 
and  bridges,  to  be  distributed  amongst  the  several  supervisors,  who  shall  take  care 
of  them  and  pass  them  to  their  successors  when  called  for. 

-  Ibid. 

173.  The  county  commissioner  for  each  election  district  shall  have  general  super¬ 
vision  over  the  several  public  roads  and  bridges  in  his  district,  and  it  shall  be  his 
duty  to  see  that  they  are  kept  in  good  repair;  and  he  is  empowered  to  suspend  any 
road  supervisor  in  his  district  for  neglect  of  duty;  and  in  case  of  such  suspension, 
he  shall  report  the  same  to  the  board  of  commissioners,  who  may  dismiss  such 
offender. 

-  Ibid. 

174.  The  county  commissioners  shall  determine  the  per  diem  to  be  allowed  to  the 
several  supervisors,  hands,  horses,  wagons,  carts  and  plows,  and  the  number  of 
hours  that  shall  constitute  a  day’s  work,  and  cause  the  same  to  be  entered  upon 
the  minutes  of  tneir  proceedings,  and  shall  notify  the  supervisors  thereof  in  writing; 
and  they  are  authorized  and  empowered  to  levy  a  tax  on  the  assessable  property  of 
the  county  sufficient  to  carry  into  effect  the  provisions  of  this  subtitle  of  this  article. 

Ibid. 

175.  They  are  empowered  to  fill  all  vacancies  that  may  occur  amongst  said  super¬ 
visors. 

1898,  ch.  133. 

177  A.  Of  the  sums  levied  in  each  year  for  the  repair  of  public  roads  in  the 
several  collection  districts  of  Montgomery  county,  one-half  thereof  and  as  much  more 
thereof  as  the  board  of  county  commissioners  of  said  county  shall  deem  advisable,  shall 
be  set  apart  and  devoted  to  the  permanent  improvement  of  said  road  by  the  use  of 
stone  or  other  hard  material,  and  said  sum  shall  be  placed  to  the  credit  of  the  county 
commissioners  of  the  respective  collection  districts  for  that  purpose  alone;  annually, 
before  the  first  day  of  May,  the  commissioners  for  the  respective  collection  districts  shall 
examine  the  condition  of  the  roads  thereof,  and  as  soon  as  practicable  shall  make  report 
in  writing  to  the  board  of  county  commissioners  of  such  portions  of  the  road  in  said 
districts  as  most  needing  repair  by  macadamizing,  having  regard  as  to  this  need,  to 
the  amount  of  travel  and  the  general  needs  of  the  community,  together  with  an  estimate 


Hire  of  m.en  and 
implements. 


Supervisors’ 

accounts. 


Penalty  for  falsi¬ 
fying  accounts  or 
neglect  of  duty. 


Purchase  of 
implements. 


County  commis¬ 
sioners  have 
control  of  roads 
and  bridges. 


Compensation. 


Vacancies. 


One-half  of  the 
levy  set  apart 
for  permanent 
improvements. 


58 


THE  ROAD-LAWS  OF  MARYLAND 


Manner  of  applying 
this  money. 


Improved  roads 
under  the  control 
of  the  county 
commissioner. 


Subscription  to 
stock  of  turnpike 
companies. 


Issue  of  county 
bonds. 


Gates. 


Private  road 
opened  to  public. 


of  the  cost  of  macadamizing  such  portions  of  said  road;  and  the  board  of  county  com¬ 
missioners  shall  designate  upon  which  portions  of  the  roads  the  sums  available  for 
macadamizing  shall  be  expended,  and  the  commissioners  for  the  respective  districts  shall 
forthwith  proceed  to  expend  said  sums  upon  the  portions  of  the  roads  so  designated, 
and  for  this  purpose  they  may  personally  employ  the  necessary  labor  and  superintend 
said  work,  or  may  let  the  same  out  by  contract  to  the  lowest  responsible  bidder,  who 
shall  be  required  to  give  bond  for  the  faithful  performance  of  his  contract,  and  the  said 
commissioners  are  further  authorized  and  empowered  to  contract  with  farmers,  living 
along  the  roads  to  be  improved,  for  the  delivery  of  the  stone  gathered  from  fields  in  the 
ordinary  course  of  husbandry,  at  a  price  not  exceeding  fifteen  cents  per  perch,  the 
same  to  be  delivered  at  points  designated  by  the  commissioners;  but  this  clause  shall 
not  be  construed  so  as  to  prevent  the  commissioners  from  contracting  for  the  delivery 
of  material  other  than  that  so  gathered,  at  prices  to  be  mutually  agreed  upon,  and 
whenever  the  portion  ot  any  road  designated  to  be  macadamized  shall  be  within  the  road 
given  to  any  road  supervisor,  the  portion  so  to  be  macadamized  shall  be  deducted  from 
the  road  under  the  control  of  such  supervisor,  and  shall  be  under  the  exclusive  control 
of  the  county  commissioners  of  the  respective  collection  districts  of  said  county;  when 
a  county  commissioner  shall  be  engaged  in  superintending  the  construction  of  macad¬ 
amized  roads,  as  hereinbefore  provided,  he  shall  receive  the  same  compensation  that 
is  paid  the  road  supervisors  of  the  county. 

1892,  ch.  455. 

Whenever  two-fifths  of  the  capital  stock  of  any  turnpike  company  in  Montgomery 
county,  chartered  and  organized  from  and  after  the  passage  of  this  act,  shall  have 
been  subscribed  for  and  taken  by  responsible  bona  fide  stockholders,  the  county  com¬ 
missioners  of  said  county  are  hereby  authorized  and  empowered  to  subscribe  for 
such  portion  of  the  remaining  three-fifths  of  the  capital  stock  as  they,  in  their  discre¬ 
tion,  may  deem  proper  in  the  name  and  for  the  benefit  of  said  county,  and  shall  be 
entitled  to  be  represented  at  all  meetings  of  the  stockholders  of  said  company  by  the 
county  commissioners  for  the  time  being,  or  by  such  person  or  persons  as  may  be 
duly  authorized  by  them,  provided  said  road  or  roads  so  subscribed  to  shall  be  graded 
for  a  width  of  twenty  feet,  fourteen  of  which  shall  be  covered  with  stone  of  an  average 
depth  of  nine  inches;  provided  also,  that  in  accordance  with  the  provisions  of  article 
three,  section  fifty-four,  of  the  constitution,  this  act  shall  be  published  in  the  news¬ 
papers  printed  in  said  county  for  two  months  before  the  next  election  for  members 
of  the  House  of  Delegates,  and  shall  also  be  approved  by  a  majority  of  all  the 
members  elected  to  each  House  of  the  General  Assembly  of  Maryland  at  its  next 
session  after  said  election. 

The  county  commissioners  of  said  county  are  hereby  authorized  to  issue  the  bonds 
of  the  county  to  the  amount  of  the  stock  so  subscribed  and  to  negotiate  said  bonds 
upon  the  most  favorable  terms;  provided  they  shall  not  be  sold  for  less  than  par;  and 
the  said  county  commissioners  are  authorized  to  levy  upon  the  assessable  property 
of  the  county  an  amount  sufficient  to  pay  the  annual  interest  upon  said  bonds  and  the 
principal  at  maturity. 

1888,  Art.  XVII. 

prince  george’s  county. 

1874,  ch.  265. 

278.  It  shall  not  be  lawful  for  any  person,  with  or  without  the  consent  of  the 
county  commissioners,  to  erect,  have  or  keep  any  gate  upon  the  public  roads  of  the 
county;  and  the  road  supervisors  of  said  county  shall  cause  all  gates  to  be  removed 
therefrom  in  their  respective  districts. 

1892,  ch.  203. 

278.  A.  Whenever  any  road,  now  used  as  a  private  road,  shall  be  opened  to  public 
travel  by  the  county  commissioners,  the  owners  of  the  lands  through  which  such  roads 
pass  shall  have  time,  not  to  exceed  two  years,  within  which  to  lane  such  roads  and 
to  remove  the  gates  therefrom. 


MARYLAND  GEOLOGICAL  SURVEY 


59 


1874,  ch.  265. 

279.  Any  person  who  shah  in  any  way  or  manner  hinder,  obstruct,  molest  or  Interference  with 
disturb  any  supervisor  in  the  performance  of  the  duties  required  of  him  under  the  supervisor, 
provisions  of  the  preceding  sections,  shall  be  guilty  of  a  misdemeanor,  and  be  liable 

to  presentment  and  indictment  by  the  grand  jury  of  the  county,  and  shall,  on  con¬ 
viction  thereof  by  a  court  of  law,  be  fined  in  a  sum  not  less  than  twenty-five  dollars 
nor  more  than  one  hundred  dollars,  and  be  imprisoned  in  the  county  jail  for  not  less 
than  thirty  days  nor  more  than  ninety  days,  or  both,  in  the  discretion  of  the  court 
before  which  he  shall  be  tried  and  convicted;  the  said  fine  to  be  applied  to  the  road- 
fund  of  the  county. 

1892,  ch.  203. 

280.  The  county  commissioners  of  Prince  George’s  county  shall  divide  the  county  Road  districts, 
in  road  districts,  not  exceeding  fourteen,  for  each  of  which  they  shall  appoint  one 

or  more  supervisors  of  skill  and  ability,  who  shall  have  charge  of  the  repairs  of  all  Supervisors. 

roads  and  bridges  in  their  districts, except  such  bridges  as  the  county  commissioners 

may  deem  it  advisable  to  repair  by  contract,  and  said  supervisor  or  supervisors  shall 

give  bond  in  such  penalty  and  with  such  security  as  the  county  commissioners  may  fix 

and  approve,  and  with  such  conditions  as  they  may  prescribe  in  regard  to  the  duties 

to  be  performed;  the  use,  safe  keeping  and  due  return  of  all  property  placed  in  his 

charge,  and  the  proper  disposal  of  all  moneys  coming  into  his  hands  for  road  purposes. 

1890,  ch.  75. 

281.  Each  supervisor  appointed  under  the  provision  of  the  preceding  section  shall  Supervisors’  report, 
report  to  the  county  commissioners  in  writing  at  their  first  meeting  in  the  month  of 

April,  all  repairs  in  detail  necessary  to  be  made  on  the  public  roads  and  bridges  of 
his  road  district,  with  an  estimate  to  the  best  of  his  judgment  of  the  proper  and 
reasonable  cost  thereof;  at  each  and  every  other  regular  monthly  session  of  the 
county  commissioners  he  shall  in  like  manner  report  to  them  in  respect  to  the  condition 
of  the  roads  and  bridges  under  his  charge,  and  any  newly  required  repairs  not  in 
his  said  April  report. 

Ibid. 

282.  The  supervisor  of  each  road  district  is  authorized  to  hire  horses,  wagons,  Hire  of  men, 
carts  and  ploughs  where  requisite  and  necessary,  and  to  employ  able-bodied  men  to  wagons,  etc. 
work  on  the  repairs  of  the  public  roads  and  bridges  of  his  district,  not  less  than  six 

such  men  each  day  while  engaged  upon  the  general  annual  repairs,  and  he  shall  com¬ 
mence  such  general  repairs  in  the  month  of  April  proceeding  therewith  as  rapidly 
and  continuously  as  may  advantageously  be,  and  completing  the  same  before  the 
month  of  September  each  year. 

Ibid. 

283.  Each  supervisor  shall  keep  daily  a  time  table  and  accurate  account  showing  Account, 
the  date  each  day  he  shall  be  engaged  on  the  repairs  of  said  roads  and  bridges,  the 

name  and  time  of  each  man  that  day  employed  by  him,  as  well  as  of  any  horses, 
carts,  wagons,  or  ploughs  hired  and  used  for  his  said  work,  all  of  which  he  shall 
return  to  said  county  commissioners,  verified  by  his  oath. 

Ibid. 

284.  If  any  supervisor  shall  be  guilty  of  wilful  neglect  of  duty  as  such,  or  shall  Negligence  of 
return  to  the  county  commissioners  a  false  statement  of  account,  in  addition  to  the  supervisor, 
penalties  for  false  swearing,  he  shall  be  liable  to  indictment  by  the  grand  jury  as 

for  a  misdemeanor  and  on  conviction  thereof  shall  be  fined  not  exceeding  fifty  dollars 
for  each  offense. 

Ibid. 

285.  The  county  commissioners  are  authorized  to  purchase  for  the  use  of  the  Machines, 
county  road  machines,  road  scoops  and  ploughs,  shovels,  hoes  and  picks  to  be  dis-  implements,  etc. 
tributed  by  them  from  time  to  time,  in  their  discretion,  among  the  several  super¬ 
visors,  taking  their  receipts  therefor;  and  the  said  supervisors  are  hereby  declared  and 

made  responsible  for  the  reasonable  and  proper  use,  protection,  preservation  and 
care,  and  for  the  prompt  return  to  said  county  commissioners  upon  their  order  of 
each  and  every  such  article  so  distributed  to  them  respectively,  for  any  default  wherein 


60 


THE  ROAD-LAWS  OF  MARYLAND 


Pay  of  supervisors 
and  laborers. 


Levy  for  roads. 


Road  commis¬ 
sioners. 


Report. 


Division  of  the 
road  tax  into 
general  and 
local  funds. 


Protection  of 
bridges. 


Use  of  money 
from  fines. 


Penalty  for  injury 
to  roads  and 
bridges. 


their  respective  official  bonds  shall  be  liable  at  the  suit  of  said  commissioners  for  the 
damage  or  loss  accruing  from  such  failure  of  proper  use,  protection,  preservation,  or 
care,  or  to  return  any  such  article. 

1890,  ch.  75. 

286.  The  county  commissioners  are  authorized  to  determine  the  rate  of  compensa¬ 
tion  to  be  allowed  to  the  several  supervisors  and  laborers,  and  for  the  use  of  horses, 
carts  and  ploughs,  as  well  as  also  what  number  of  hours  shall  constitute  a  day’s 
work,  and  shall  thereupon  enter  the  same  upon  their  minutes  and  give  to  each  super¬ 
visor  a  copy  thereof. 

1898,  ch.  335. 

287.  The  county  commissioners  are  hereby  authorized  and  empowered  to  levy  a 
tax  on  all  assessable  property  of  said  Prince  George’s  county  sufficient  to  carry  into 
effect  the  provisions  of  these  sections;  provided,  that  the  sum  to  be  raised  in  any  one 
year  shall  not  exceed  the  sum  of  twenty -five  thousand  dollars;  and  provided,  further, 
that  the  sum  so  raised,  at  least  one-third  thereof,  shall  be  applied  to  the  permanent 
improvement  of  said  roads  in  applying  thereto  gravel  or  other  suitable  hard-surfacing 
material,  which  shall  be  not  less  than  six  inches  thick  and  eight  feet  wide  in  all  places 
where  so  applied. 

1890,  ch.  75. 

288.  The  county  commissioners  shall  appoint  in  and  for  each  road  district  free¬ 
holders  as  a  board  of  district  road  commissioners,  who  shall  serve  without  compensa¬ 
tion  until  their  successors,  shall  be  in  like  manner  appointed,  and  whose  duty  it  shall 
be  to  examine  and  make  a  written  report  to  the  county  commissioners  once  a  month  in 
respect  to  the  state  of  the  public  roads  and  bridges  in  such  district,  where  and  what 
repairs  or  improvements  are  necessary  and  how  the  work  of  general  repair  under  the 
road  supervisor  of  said  district  is  going  forward. 

1880,  ch.  155. 

289.  The  county  commissioners  shall  set  apart  two-thirds  of  the  road  tax  of  said 
county  as  a  special  road  and  bridge  fund,  which  shall  be  for  the  use  and  benefit  of  that 
district  from  which  it  has  bean  collected,  and  for  no  other  purpose,  and  shall  set 
apart  the  remaining  one-third  of  said  road  tax  as  a  general  road  and  bridge  fund,  which 
shall  be  applied  by  them  to  the  general  use  and  benefit  of  the  bridges  and  roads  of 
the  county,  and  for  no  other  purpose. 

1888,  Art.  XVIII. 

queen  anne’s  county. 

1880,  ch.  221. 

132.  They  [the  county  commissioners]  are  authorized  and  empowered  to  make  such 
by-laws,  rules,  orders  and  regulations  (not  inconsistent  with  the  laws  of  this  State), 
as  shall  be  necessary  for  the  protection  of  bridges  in  Queen  Anne’s  county;  and  any 
person  violating  any  of  the  said  by-laws,  rules,  orders  or  regulations  relating  to  the 
rate  of  speed,  by  driving  over  any  of  the  bridges  in  said  county  at  a  rate  of  speed 
faster  than  a  walk,  shall  forfeit  and  pay  to  the  said  county  commissioners  the  sum  of 
one  dollar  for  each  and  every  such  offense,  to  be  recovered  before  any  justice  of  the 
peace  in  said  county,  in  the  name  of  the  county  commissioners;  and  on  refusal  to  pay 
said  fine  and  costs,  he  shall  be  committed  by  such  justice  of  the  peace  to  the  jail  of 
Queen  Anne’s  county  until  the  same  are  paid. 

Ibid. 

133.  All  fines  collected  under  the  preceding  section  shall  be  paid  to  the  county  com¬ 
missioners  of  Queen  Anne’s  county;  and  they  are  authorized  to  use  such  money  for  the 
purpose  of  keeping  the  bridges  in  the  county  in  repair. 

(1860)  art.  17,  sec.  102. 

220.  If  any  person  shall  alter,  change,  obstruct  or  encroach  upon  any  road  in  Queen 
Anne’s  county,  or  cut  down,  destroy  or  injure  any  bridge,  causeway,  boundary,  mark 


MARYLAND  GEOLOGICAL  SURVEY 


61 


■or  direction  therein  or  thereon,  he  shall  on  conviction  thereof  in  the  circuit  court  for 
said  county  be  fined,  at  the  discretion  of  the  court,  not  exceeding  fifty  dollars,  to  be 
paid  to  and  accounted  for  by  the  supervisor  of  the  district  in  which  the  damage  may 
be  done. 

(1860),  art.  17,  sec.  103. 

221.  Where  any  person  has  erected  or  may  erect,  in  said  county,  a  mill  on  any 
branch  or  run  where  any  public  road  crosses,  or  shall  cross,  and  has  erected  or  shall 
erect  any  dam  for  such  mill,  such  person  or  the  owner,  possessor  or  occupier  of  said  mill, 
shall  make  the  top  of  said  dam  twelve  feet  wide  at  the  least,  and  make  good  and  sub¬ 
stantial  bridges  over  the  waste  and  race  of  said  mill,  twelve  feet  wide,  and  keep  the 
same  in.  repair. 

Ibid.  sec.  104. 

222.  If  the  owner,  possessor  or  occupier  of  such  mill  shall  neglect  to  make  such  dam 
and  bridges  in  the  manner  directed  in  the  preceding  section,  and  to  keep  the  same  in 
good  repair,  he  shall,  on  conviction  thereof,  forfeit  and  pay  a  sum  not  exceeding  fifty 
•dollars,  to  be  paid  to  and  accounted  for  by  the  supervisor  of  the  district  in  which  such 
mill  may  be  situated. 

Ibid.  sec.  105; 

223.  The  supervisors  of  roads  in  said  county  may  cut  an  opening  in  any  bank 
•erected,  or  to  be  erected,  alongside  of  the  public  road  in  any  place  where  the  water 
will  be  likely  to  lie,  so  that  said  water  may  pass  off. 

1870,  ch.  251. 

224.  No  person  shall  erect  any  gate  on  any  public  road  in  Queen  Anne’s  county; 
and  any  person  violating  this  section  shall  be  guilty  of  a  misdemeanor,  and  on  con¬ 
viction  thereof  be  liable  to  a  penalty,  in  the  discretion  of  the  circuit  court  for  the 
•county,  of  not  less  than  one  hundred  nor  more  than  two  hundred  dollars. 

.  1888,  ch.  361. 

227.  The  county  commissioners  are  authorized  and  required  to  have  copied  and 
recorded  in  a  well-bound  book,  provided  by  them  for  the  purpose,  all  papers  and 
proceedings  in  their  office  relating  to  the  opening,  altering,  condemning  and  locating 
of  public  roads  and  public  landings  in  said  county,  and  the  building  or  purchasing 
•of  joint  public  bridges. 

Ibid. 

228.  They  are  authorized,  required  and  directed  to  employ  some  suitable  person 
to  make  said  record  up  to  December,  1887,  under  the  supervision  and  direction  of 
said  commissioners  or  their  attorney,  for  which  they  shall  allow  him  one  cent  for 
■every  ten  words  or  figures  so  copied  or  recorded,  and  fifty  cents  for  each  plat;  and 
they  are  authorized  to  levy  upon  the  assessable  property  of  said  county  a  sum 
sufficient  to  pay  for  said  work  in  instalments  as  the  work  progresses,  on  the  approval 
of  said  work  and  presentation  of  true,  correct  and  itemized  statements  of  said  work, 
certified  to  under  oath  by  said  employee. 

Ibid. 

229.  Said  record  of  such  proceedings  relating  to  the  opening,  altering,  condemning 
and  locating  of  said  public  roads  and  landings,  and  building  or  purchasing  of  joint 
public  bridges,  shall  hereafter  be  continuously  kept  up  by  said  county  commissioners  as 
part  of  the  general  work  of  said  office,  to  be  done  by  the  clerk  authorized  by  law  to 
be  employed  by  them. 

Ibid. 

230.  A  certified  copy  of  the  proceedings  relating  to  the  opening,  altering,  condemn¬ 
ing  and  locating  of  any  public  road  or  public  landings,  and  the  purchase  or  building 
•of  any  joint  public  bridge  taken  or  made  from  said  record,  as  hereinbefore  certified 
to  by  the  clerk  of  said  county  commissioners,  under  the  seal  of  said  office,  shall  be 
legal  evidence. 


Construction  of 
bridges  over  mill¬ 
ponds  and  races. 


Penalty  for  neglect 
of  same. 


Drainage. 


Gates. 


Records. 


Compensation  for 
making  records. 


Continued  records. 


Such  records  are 
legal  evidence. 


62 


THE  ROAD-LAWS  OF  MARYLAND 


1892,  ch.  437. 

Employment  of  Whenever  any  person  shall  have  been  convicted  of  any  crime  or  misdemeanor,  or 
convicts,  any  offense  against,  or  violation  of  any  law— State,  county  or  municipal— and  as  a 
punishment  therefor  has  been  committed  to  the  county  jail  of  said  county  by  the 
judgment  of  the  circuit  court  of  said  county,  or  any  justice  of  the  peace  thereof, 
it  shall  be  lawful  for  the  county  commissioners  of  said  county  to,  and  they  are 
hereby  authorized  and  empowered  to  employ  or  cause  to  be  employed  any  such  con¬ 
vict  or  person  so  committed  to  jail  as  aforesaid  in  manual  labor  in  working,  mending 
and  repairing  the  public  roads  of  said  county,  and  the  public  streets  of  the  town  of 
Centreville  in  said  county,  and  are  hereby  fully  authorized  and  empowered  to  pass 
all  necessary  rules  and  regulations  to  prevent  the  escape  of  such  convicts  or. persons 
so  committed  to  jail  as  aforesaid,  while  so  employed,  and  to  carry  this  law  into 
full  and  efficient  operation  and  effect. 

\ 

(1888),  art.  XIX. 

st.  mary’s  county. 

1898,  ch.  153. 

Road-district.  100.  The  county  commissioners  of  St.  Mary’s  county,  immediately  after  the  pas¬ 
sage  of  this  Act,  or  at  their  first  meeting  in  April,  eighteen  hundred  and  ninety-eight, 
and  thereafter  annually  at  their  first  meeting  in  April  of  every  year,  shall  appoint 
three  district  road  supervisors  for  each  election  district  of  said  county;  pro¬ 
vided,  that  if  it  shall  be  deemed  necessary,  the  said  county  commissioners  may  ap¬ 
point  one  additional  supervisor  in  each  election  district.  The  said  district  supervisors 
shall  receive  such  compensation  for  their  services  by  way  of  salary  or  per  diem  as 
the  said  commissioners  shall,  in  their  discretion,  at  said  meeting  fix,  and  such  com¬ 
pensation  shall  not  be  increased  or  diminished  for  the  term  of  one  year.  The  said 
commissioners  shall  at  the  same  time  fix  the  compensation  to  be  paid  to  laborers  on 
the  public  roads.  It  shall  be  the  duty  of  the  county  commissioners,  respectively,  to 
ride  over  the  public  roads  of  each  commissioner’s  district  in  said  county  during  the 
season  in  which  they  are  worked,  and  to  advise  the  said  supervisors  and  direct  as 
far  as  practicable  how,  when  and  where  the  work  on  said  road  shall  be  done.  The  said 
road-district  supervisors  shall  be  subject  to  the  advice  of  the  county  commissioners 
Duties,  representing  such  respective  commissioner  district.  The  supervisors  shall  have  exclu¬ 
sive  control  over  all  of  their  respective  laborers,  teams,  etc.,  during  the  time  they 
are  at  work  on  said  roads,  and  each  district  road  supervisor  is  authorized  to  employ 
not  more  than  six  laborers,  and  in  no  case  shall  any  supervisor  employ  less  than  three 
laborers  when  at  work  on  said  roads  during  the  time  limited  for  working  thereon. 
Each  district  supervisor  shall  keep  an  account  of  all  the  material  purchased,  the 
number  of  days  of  labor  performed  by  himself  and  the  laborers  hired  by  him,  with 
other  expenses  authorized  by  this  subtitle  of  this  article  which  may  be  thus 
incurred,  and  shall  once  in  each  month  render  such  account  to  the  county  commis¬ 
sioners,  who,  upon  approving  such  account,  shall  draw  their  warrant  on  the  collectors 
for  the  same,  when  cash  available  therefor  is  not  on  hand.  The  time  for  beginning 
work  on  said  roads  shall  be  on  the  first  day  of  May  and  shall  end  on  the  first  day 
of  November;  provided,  however,  that  the  county  commissioners  shall  be  authorized 
to  begin  and  finish  such  work  later  or  earlier,  as  '  the  case  may  be,  when  in  their 
discretion  it  is  for  the  best  interest  of  the  citizens  of  said  county;  but  nothing  in 
this  Act  shall  authorize  any  supervisor  to  do  any  work  in  any  one  year  after  he  has 
exhausted  the  amount  of  money  apportioned  to  his  road  district;  and  it  shall  be  the 
duty  of  the  county  commissioners  in  charge  of  such  respective  road  districts  to  notify 
the  district  supervisors  when  the  amount  apportioned  to  such  district  shall  be  ex¬ 
hausted;  but  nothing  in  this  Act  shall  prevent  any  supervisor  from  cutting  or  remov¬ 
ing  any  trees  which  shall  have  fallen  across  said  roads,  so  as  to  obstruct  travel,  nor 
to  repair  any  bridge  or  washout  at  any  time,  if  the  public  convenience  shall  require 
it;  but  whenever  they  have  cash  available  all  road  accounts  shall  be  paid  in  cash; 
and  it  is  hereby  made  the  duty  of  the  clerk  or  treasurer  of  the  board  of  county 
commissioners  to  immediately  after  the  adjustment  of  said  accounts,  pay  over  to 
the  district  supervisors  for  said  respective  districts,  such  sums  as  shall  be  due  on 


MARYLAND  GEOLOGICAL  SURVEY 


63 


account  of  work  performed  and  material,  teams  or  implements  for  the  preceding 
months.  And  the  said  district  supervisors  shall  thereupon  immediately  pay  over  to 
the  person  entitled  to  receive  the  sum  or  amounts  due  them  in  the  same  manner  in 
which  he  has  received  the  sum,  whether  in  cash  or  in  county  script.  These  respective 
county  commissioners  for  said  county  shall  have  general  supervision  of  the  road 
district  supervisors  in  their  respective  commissioners’  districts,  and  shall  be  allowed 
for  such  supervision  the  same  per  diem  as  is  allowed  them  when  attending  the  sessions 
of  the  commissioners’  court;  provided,  however,  that  no  commissioner  shall  be  allowed 
in  any  one  year  more  than  twenty  days;  and  the  road  district  supervisors  shall 
monthly  render  an  account  to  the  commissioners  of  all  laborers  by  them  respectively 
employed,  and  all  teams  hired  or  materials  or  implements  purchased,  which  shall 
be  paid  monthly  by  the  treasurer  on  the  order  of  the  county  commissioners  to  be 
distributed  by  said  road-district  supervisors. 

1894,  ch.  564. 

101.  The  county  commissioners  are  hereby  authorized  to  purchase  such  teams  and  Purchase  of  teams 
implements  as  in  their  judgment  may  be  necessary  for  the  purposes  of  mending  the  anc*  imPlements. 
said  public  roads,  and  may  levy  a  sum  of  money  for  the  same  over  and  above  the 

six  thousand  dollars  a  year  as  authorized  by  this  act. 

1878,  ch.  499. 

102.  As  soon  after  each  annual  levy  as  practicable,  they  shall  apportion  the  sum  Apportionment 
so  levied  for  public  roads  to  the  several  election  districts  in  said  county  as  they  may  °*  levy- 
deem  just  and  fair,  and  place  said  lists  in  the  hands  of  the  collectors,  to  be  paid 

by  them  to  such  road  accounts  as  may  be  passed  or  approved  by  said  county  com¬ 
missioners. 

1S94,  ch.  564. 

103.  It  shall  be  the  duty  of  the  supervisors,  in  preparing  any  road-bed  where  Repairing 

they  have  to  throw  up  earth  to  allow  proper  drainage,  to  make  such  places  in  said  road-beds, 
roads  wide  enough  for  two  vehicles  to  pass  each  other,  and  to  remove  obstructions 

at  least  ten  feet  from  the  center  of  said  roads,  and  to  require  all  owners  to  move 

their  fences  which  infringe  on  said  road,  ten  feet  from  the  center  of  the  same,  if 
the  public  convenience  shall  require,  and  in  all  deep  cuts  and  sharp  curves,  to  make 
the  same  wide  enough  for  two  tracks  when  the  same  can  be  done  without  excessive 
cost  or  inconvenience. 

Ibid. 

103  A.  The  district  supervisors  of  each  election  district  shall  have  power  to  hire  Hire  of  teams,  etc. 
such  horses,  oxen,  wagons,  carts,  plows  and  other  implements  as  may  be  necessary 
to  the  successful  performance  of  his  duties  hereunder,  unless  or  until  the  same  be 
furnished  by  the  county  commissioners. 

Ibid. 

103  B.  The  county  commissioners,  at  their  levy-laying  session  for  the  year  eighteen  Levy  for  roads, 
hundred  and  ninety-four,  shall  levy  a  sufficient  sum  of  money  to  pay  off  all  out¬ 
standing  county  paper  on  account  of  roads,  and  shall  also  then  and  annually  there¬ 
after  levy  a  sum  not  exceeding  six  thousand  dollars  for  the  use  and  repair  of  said 

roads  in  any  one  year;  and  the  accounts  of  expenditures  in  this  behalf  shall  bo  kept  ' 

by  the  said  commissioners  and  published  in  conformity  to  section  11,  of  article  25, 

of  the  Code  of  Public  General  Laws,  title  “  County  Commissioners.” 

Ibid. 

103  C.  And  the  said  supervisors  shall  be  required  to  enter  into  a  good  and  suffi-  Bond  of 
cient  bond,  in  the  penal  sum  of  five  hundred  dollars,  conditioned  to  the  proper  appro-  supervisors, 

priation  of  such  funds  as  may  come  in  his  hands,  and  for  the  safe  return  of  all 

scoops,  scrapers,  road  implements,  etc.,  which  shall  be  furnished  by  said  county 
commissioners,  or  hired  from  others,  ordinary  wear  and  tear  excepted. 


64 


THE  ROAD-LAWS  OF  MARYLAND 


1894,  ch.  564. 

Drainage.  103  D.  If  in  the  constructon  and  repair  of  the  public  roads  of  the  county,  it  be 
necessary  for  their  proper  drainage,  it  shall  be  lawful  for  the  said  supervisors  and 
assistants  to  let  off  the  water  therefrom  upon  the  adjoining  lands,  at  such  places 
as  may  be  proper  and  necessary;  provided,  it  shall  be  done  with  as  little  injury  as 
possible  to  the  owners  of  said  lands,  and  that  the  drains  through  such  lands  be 
continued  so  as  to  prevent  the  spreading  of  the  water  so  let  off  over  cultivated  lands. 

Ibid. 

Gates.  103  E.  It  shall  not  be  lawful  for  any  person  hereafter  to  erect,  without  the 
permission  of  the  county  commissioners,  any  gate  upon  the  roads  -of  said  county, 
under  a  penalty  of  ten  dollars  to  be  recovered  before  a  justice  of  the  peace. 

Ibid. 

Fine  for  neglect  103  F.  Any  supervisor  who  shall  fail  or  neglect  to  perform  the  duties  required  by 
of  duty,  this  act  shall  be  deemed  guilty  of  a  misdemeanor,  and  on  indictment  and  conviction, 
shall  be  fined  not  less  than  fifty  dollars,  nor  more  than  one  hundred  dollars,  and 
said  fine  shall  be  applied  to  the  road-fund. 

(1888),  art.  XX. 

SOMERSET  COUNTY. 

1894,  ch.  579. 

System  of  48.  The  board  of  county  commissioners  is  authorized,  empowered  and  required 
drainage,  to  adopt  a  scientific  and  thorough  system  of  drainage  and  general  improvement  for 
the  public  county  roads  of  Somerset  county,  whenever  the  same  may  be  needed.  To 
further  this  end,  the  said  board  are  authorized  to  engage  the  sei-vices  of  a  competent 
Engineer,  surveyor  and  engineer,  who  shall  have  charge  of  and  superintend  such  drainage  and 
improvements  as  shall  be  adopted.  It  shall  be  the  duty  of  such  surveyor  and  engineer, 
on  complaint  of  three  or  more  citizens  and  taxpayers  of  the  county,  to  go  over, 
examine  and  report  to  the  board  of  county  commissioners  what,  if  any,  drainage  and 
other  improvements  are  necessary  for  the  road  complained  of,  together  with  an  esti¬ 
mate  of  the  cost  of  doing  the  same,  and  if,  in  the  judgment  of  said  board,  after 
receiving  said  report  and  estimate,  said  drainage  shall  be  necessary,  the  said  board 
shall  order  the  said  surveyor  and  engineer  to  proceed  to  lay  off  such  ditch  or  ditches 
as  may  be  necessary,  and  outlets  for  the  same  to  some  creek  or  branch  which  may  be 
the  natural  drain  with  ascertained  depth  and  width  for  the  complete  and  perfect 
drainage  of  the  same;  and  to  advertise  and  let  out  the  cutting,  widening  and  cleaning 
of  such  ditch  or  making  such  improvement  on  same  to  the  lowest  bidder  for  cash, 
the  time  and  character  of  such  advertising  to  be  such  as  may  be  adopted  by  said 
board.  It  shall  be  the  duty  of  such  surveyor  and  engineer  to  supervise  the  cutting  or 
cleansing  of  such  ditch  or  ditches,  and  other  improvements,  and  no  ditch  or  other 
improvements  shall  be  received  or  paid  for  until  after  the  same  has  been  examined 
and  reported  by  said  surveyor  and  engineer  to  be  perfect  in  all  respects,  and  to 
conform  to  the  requirements  of  the  contract  for  cutting  or  making  the  same,  and 
the  drainage  or  other  improvements  of  such  road  completely  effected;  and  the  said 
Power  of  board  of  county  commissioners  shall  have  such  power  and  authority  to  condemn 
condemnation,  outlets  for  such  drainage  through  private  property  as  is  now  or  hereafter  may  be 
conferred  by  the  Code  of  Public  General  Laws  of  the  State  of  Maryland,  for  con¬ 
demning  public  highways;  and  the  said  board  are  authorized  to  allow  and  pay  said 
surveyor  or  engineer,  for  his  services,  four  dollars  per  day  for  every  day  he  may  be 
actually  engaged  in  such  service  for  the  county. 

1892,  ch.  346. 

Issue  of  bonds.  48  A.  In  order  to  procure  the  money  or  moneys  necessary  to  adopt  such  system 
of  drainage  and  improvement  of  the  public  roads  as  provided  for  in  the  foregoing 
section  the  board  of  county  commissioners  are  hereby  authorized  and  empowered  to 
issue  from  time  to  time,  and  to  put  on  the  market,  bonds  to  be  denominated  Somerset 


« 


MARYLAND  GEOLOGICAL  SURVEY 


65 


County  Road  Bonds,  for  an  amount  not  exceeding  fifty  thousand  dollars  in  the  aggre¬ 
gate,  which  bonds  shall  be  issued  in  amounts  of  not  less  than  one  hundred  dollars 
for  each  bond,  payable  in  forty  years  from  the  date  thereof  and  bearing  interest  at 
the  rate  of  four  per  cent  per  annum,  the  interest  to  be  provided  for  by  levy  on  the 
assessable  property  of  the  county  each  year  after  the  same  or  any  part  thereof  have 
been  issued  and  disposed  of;  and  said  bonds  shall  not  be  subject  to  taxation  for 
State,  county  and  municipal  purposes,  and  after  twenty  years  from  the  date  of  said 
bonds,  the  said  board  of  county  commissioners  shall  make  provisions  by  levy  annually 
for  such  amount  as  may  be  necessary  to  meet  and  pay  the  principal  of  said  bonds  at 
their  maturity. 

1890,  ch.  118. 

227.  The  county  commissioners  of  Somerset  county  shall  appoint  for  each  of 
the  election  districts  of  the  said  county,  supervisors  to  such  a  number  as  not  to 
give  to  each  of  such  supervisors  so  appointed,  an  extent  of  road  not  less  than 
fifteen  miles  nor  more  than  thirty  miles  but  the  said  county  commissioners  in  their 
discretion,  whenever  any  election  district  shall  have  a  mileage  of  public  road  not 
exceeding  sixty  miles  or  thereabouts,  may  appoint  one  supervisor  for  the  whole  of 
said  district,  and  in  determining  the  number  of  miles  in  any  case  under  the  pro¬ 
visions  of  this  section,  it  shall  not  be  necessary  for  the  said  commissioners  to  have 
the  said  roads  actually  surveyed,  but  shall  determine  the  same  by  estimate,  each 
of  whom  shall  hold  his  office  for  two  years  or  until  his  successor  is  duly  appointed 
and  qualified,  and  shall  be  subject  to  removal  by  the  said  commissioners  for  incom¬ 
petency,  wilful  neglect  of  duty  or  misdemeanor  in  office. 

1888,  ch.  96. 

228.  It  shall  be  the  duty  of  each  road  supervisor  to  cause  all  public  roads  in  his 
district  to  be  kept  cleared,  smooth,  and  in  good  repair,  with  good  and  sufficient  bridges 
and  underdrains  where  required,  and  to  keep  the  same  in  good  repair. 

Ibid. 

229.  All  able-bodied  male  residents  of  Somerset  county,  between  the  ages  of 
twenty-one  and  fifty-five  years,  shall  be  compelled  to  labor  not  less  than  two  days, 
of  eight  hours  each,  in  every  year,  on  the  public  roads  in  the  district  in  which  they 
reside;  provided,  however,  no  person  shall  be  required  to  labor  more  than  four  miles 
from  his  place  of  residence. 

Ibid. 

230.  Whenever  in  the  judgment  of  the  road  supervisor  any  of  the  public  roads 
in  his  district  shall  require  repairs,  he  shall  summon  to  work  on  such  road  such 
number  of  persons  residing  in  the  district  as  he  may  deem  necessary,  giving  to 
each  of  such  persons  at  least  two  days’  notice  of  the  time  and  place  of  meeting,  and 
what  tools  they  must  furnish. 

Ibid. 

231.  No  person  shall  be  deemed  to  have  discharged  his  liability  to  work  on  the 
public  roads  until  he  shall  have  actually  worked  sixteen  hours  thereon  in  each  year; 
and  the  supervisor  shall  keep  the  time  each  person  shall  work;  and  when  any 
balance  of  time  for  such  work  shall  be  due  from  any  person,  he  shall  be  liable  to 
be  again  summoned  to  work  by  the  supervisor  as  often  as  may  be  necessary,  until 
such  person  has  worked  out  his  time  of  sixteen  hours  for  each  year  as  provided  by 
section  229. 

.  Ibid. 

232.  Road  supervisors  may  make  such  commutation  of  labor  for  teams,  carts, 
wagons  or  road  machines,  as  they  may  deem  proper,  and  all  commutations  shall  be 
reported  by  them  in  their  semi-annual  report  to  the  county  commissioners. 

Ibid. 

233.  Each  supervisor  shall  make  report  to  the  county  commissioners  on  the  first 
day  of  June  and  the  first  day  of  December  of  each  and  every  year,  and  the  said 
reports  shall  state,  on  blanks  to  be  furnished  by  the  commissioners,  the  times  and 

5 


Supervisors. 


Duties  of 
supervisors. 


Labor-tax. 


Summoning 

laborers. 


Labor  required 
from  each  person. 


Commutation  of 
labor-tax. 


Supervisor’s  report. 


66 


THE  ROAD-LAWS  OF  MARYLAND 


Penalty  for  non¬ 
performance 
of  labor. 


Commutation. 


Compensation 
of  supervisor. 


Bond. 


Fine  for  neglect 
of  duty. 


Special  tax  for 
‘  ‘  The  Public 
Road  Fund.” 


Special  tax  for 
special  district. 


places  of  all  work  done,  the  names  of  persons  summoned,  and  the  time  made  by 
himself  and  each  person  at  work  on  each  occasion,  the  money  received  by  him  for  road 
purposes  from  all  sources,  disbursements  he  has  made,  and  on  what  account,  and  any 
other  matter  touching  the  road  service  in  his  district;  and  if  any  road  supervisor  shall 
fail  wilfully  to  file  such  report  with  the  said  commissioners  within  ten  days  from 
said  time,  respectively,  his  said  office  shall,  ipso  facto,  be  vacated,  and  the  said 
county  commissioners  shall  immediately  proceed  to  appoint  some  other  person  in  his 
stead. 

1888,  ch.  96. 

234.  Any  person  who  shall  fail  to  obey  the  summons  of  the  road  supervisor  shall 
be  guilty  of  a  misdemeanor,  and  upon  complaint  made  by  the  supervisor  of  the 
district  in  which  he  resides,  shall  be  arrested  and  brought  before  any  justice  of 
the  peace  of  the  county  upon  a  warrant  to  be  issued  by  said  justice,  and  upon  proof 
of  such  summons  and  a  failure  to  obey  the  same,  shall  be  fined  not  less  than  one 
dollar  and  a  half  nor  more  than  five  dollars  and  all  costs  of  such  proceedings,  and 
stand  committed  until  such  fine  and  costs  are  paid;  and  all  fines  collected  under  this 
section  shall  be  paid  to  the  supervisor  making  said  complaint,  for  the  use  of  the 
road  in  his  district;  provided,  that  any  person  upon  being  summoned  by  the  super¬ 
visor  may  furnish  a  substitute,  or  pay  to  the  supervisor  one  dollar  for  each  and 
every  day  he  may  be  summoned  to  work;  and  provided  further,  that  if  it  shall 
appear  upon  examination  before  the  said  justice  of  the  peace  that  the  party  so 
brought  before  him  was  at  the  time  he  was  summoned  to  work  physically  unable  to 
perform  said  labor,  and  was  also  without  pecuniary  means  and  unable  to  pay  the 
sum  of  one  dollar,  then  the  said  party  shall  be  discharged;  provided,  also,  that  any 
person  convicted  under  this  section  may  appeal  to  the  circuit  court  for  Somerset  county. 

Ibid. 

235.  Each  supervisor,  as  his  full  compensation,  shall  receive  two  dollars  per 
day  for  each  and  every  day  of  eight  hours  each  he  may  be  actually  employed  in 
clearing,  smoothing  and  repairing  the  roads  as  required  by  section  228,  and  also  ten 
cents  for  each  person  summoned  as  aforesaid;  provided,  the  number  so  summoned 
shall  not  exceed  ten  persons  at  any  one  time;  and  shall  be  required  by  the  county 
commissioners  to  give  bond  to  the  State  in  the  sum  of  five  hundred  dollars,  with 
surety  to  be  approved  by  the  county  commissioners,  conditioned  for  the  faithful 
discharge  of  his  duties;  and  said  bond  shall  be  on  file  in  the  office  of  the  said  com¬ 
missioners,  and  may  be  put  in  suit  by  the  said  commissioners,  or  any  one  suffering 
from  the  neglect  of  said  supervisor  in  keeping  his  road  in  proper  order,  or  any  other 
failure  of  duty;  and  the  said  supervisors  shall  also  be  liable  to  indictment  in  the 
circuit  court  for  Somerset  county,  and  on  'conviction  for  any  violation  of  his  duties 
under  this  subtitle  of  this  article,  shall  be  fined  not  exceeding  two  hundred  dollars, 
and  stand  committed  until  said  fine  and  costs  are  paid.  All  fines  under  this  section 
to  be  paid  to  the  county  commissioners,  and  applied  by  them  to  the  use  of  public 
roads  in  Somerset  county. 

Ibid. 

236.  The  county  commissioners  of  Somerset  county  shall  each  year  levy  a  special 
tax,  not  to  exceed  four  cents  in  the  one  hundred  dollars,  upon  all  the  taxable  property 
of  the  county,  the  proceeds  of  which  shall  constitute  and  be  called  “  The  Public 
Road  Fund,”  and  shall  be  used  exclusively  for  the  improvement  and  betterment  of 
the  public  roads  in  said  county;  and  the  said  commissioners  are  hereby  directed,  out 
of  said  fund,  to  purchase  a  road  machine  of  the  best  and  most  useful  kind,  for  the  use 
of  the  county,  and  employ  the  same  under  the  direction  of  the*  road  supervisors  in 
their  respective  districts;  and  if  it  shall  be  found  after  actual  trial,  that  such  machine 
or  other  labor-saving  appliances  are  useful  and  economical,  they  are  authorized  and 
directed,  in  their  discretion,  out  of  said  fund,  to  purchase  such  a  number  and  distribute 
them  among  the  several  road  districts  in  the  county,  as  they  may  deem  most  con¬ 
ducive  to  the  public  interest. 

Ibid. 

237.  In  addition  to  the  general  fund  provided  for  by  the  preceding  section,  the 
said  county  commissioners  shall  have  power,  in  their  discretion,  upon  the  petition 


MARYLAND  GEOLOGICAL  SURVEY 


67 


of  twenty  or  more  respectable  freeholders  within  any  road  district,  to  levy  upon 
the  assessable  property  within  such  road  district  an  additional  and  special  tax  of 
not  more  than  five  cents  in  the  hundred  dollars;  provided,  the  said  county  commis¬ 
sioners,  after  fully  investigating  and  inquiring  into  the  need  of  said  special  tax  for 
the  purposes  of  said  road  in  said  road  district,  as  set  forth  in  said  petition,  shall 
determine  said  special  tax  to  be  necessary,  and  for  the  best  interest  of  the  people 
in  said  district,  and  said  tax  shall  be  expended  under  the  direction  of  the  said  com¬ 
missioners  within  said  district;  and  it  shall  be  the  duty  of  the  collector  of  county 
taxes  to  collect  the  same,  and  his  bond  shall  be  responsible  therefor;  and  the  said 
taxes  shall  be  collected  with  the  other  taxes  of  the  county,  but  a  separate  account 
kept  of  the  same;  and  the  expense  of  collecting  said  special  tax  shall  be  levied  upon 
and  paid  by  the  assessable  property  in  said  road  district. 

(1888),  art.  XXI. 

TALBOT  COUNTY. 

1870,  ch.  479. 

170.  The  county  commissioners  are  authorized  and  empowered  to  control  and  Control  of  roads, 
regulate  the  public  roads  in  Talbot  county. 

1882,  ch.  425. 

171.  Whenever  any  supervisor  or  contractor  of  the  public  roads  in  Talbot  county  Drainage, 
shall  find  it  necessary  to  open  a  watercourse  through  private  property  in  said  county, 

to  secure  the  proper  drainage  of  any  public  road  therein,  he  shall  forthwith  so 
inform  the  county  commissioners;  and  if  the  owner  of  said  property  consent  to  the 
opening  of  such  watercourse,  or  if  such  owner  and  the  said  county  commissioners 
shall  agree  upon  the  value  and  price  to  be  paid  for  the  same,  then  such  consent  and 
agreement  shall  be  entered  on  the  books  of  the  county  commissioners,  and  such 
watercourse  shall  be  opened;  but  if  they  cannot  agree,  and  the  county  commissioners 
decide  that  the  opening  of  such  watercourse  is  necessary  to  drain  said  road,  they  shall 
authorize  the  said  supervisor  or  contractor  to  summon  a  jury  of  twelve  men  to 
value  and  condemn  the  said  watercourse,  deducting  from  their  estimate  the  value, 
if  any,  that  such  watercourse  will  be  to  the  owner  of  said  property  through  which 
it  shall  pass,  and  as  soon  as  the  money  for  such  watercourse  is  tendered  to  the 
owner  of  said  private  property,  the  said  supervisor  or  contractor  shall  immediately 
cause  such  watercourse  to  be  opened. 


1886,  ch.  224. 

172.  It  shall  not  be  lawful  to  obstruct  the  public  roads  of  Talbot  county,  by  filling  Injury  or  obstruc- 
up  the  side  ditches  of  said  roads  with  logs,  wood,  rails,  brush  or  any  other  materials,  tion  of  roads- 
nor  shall  any  person  throw  the  trimmings  of  hedges,  fence-corners  or  brush  from 
fallen  trees,  upon  said  roads  or  in  said  ditches,  or  make  the  said  roads  a  place  of 
deposit  for  cord- wood,  logs  or  anything  that  does  not  belong  to  said  road;  and  any 
person  violating  the  provisions  of  this  section  shall  be  deemed  guilty  of  a  misde¬ 
meanor,  and  upon  conviction  of  the  same  before  any  justice  of  the  peace  for  Talbot 
county,  he  shall  be  fined  a  sum  of  not  less  than  two  nor  more  than  ten  dollars  for 
each  and  every  offense;  which  fine  shall  be  collected  as  other  fines  and  forfeitures 
are  now  collected,  and  when  so  collected  shall  be  paid  over  to  the  county  commis¬ 
sioners,  by  the  officer  collecting  the  same,  within  thirty  days  thereafter. 

1880,  ch.  482. 

All  roads  opened  under  the  provisions  of  this  Act  in  Talbot  county  shall  be  of  Public  road,  width, 
such  width  as  may  be  determined  upon  by  the  commissioners  appointed  for  that 
purpose  at  the  time  such  road  is  laid  out,  and  when  opened  and  sufficiently  cleaned 
shall  be  a  public  road,  and  a  statement  declaring  such  road  a  public  highway  shall 
be  published  by  the  clerk  of  the  county  commissioners  in  one  or  more  newspapers 
published  in  Talbot  county. 


68 


THE  ROAD-LAWS  OF  MARYLAND 


Employment 
of  convicts. 


Control  of  convicts. 


Sheriff’s 

compensation. 


Rewards  for 
convicts. 


Location  of  roads. 


Same. 


1892,  ch.  168. 

The  county  commissioners  of  Talbot  county  are  hereby  authorized  and  empowered 
to  direct  the  sheriff  of  said  county,  either  in  person  or  by  his  deputies  or  the  bailiff 
of  Easton-,  to  employ  all  male  persons  who  may  be  physically  able,  sentenced  to  con¬ 
finement  in  said  jail  either  by  the  circuit  court  for  said  county  or  by  any  justice 
of  the  peace  of  the  State  of  Maryland  in  and  for  Talbot  county,  and  all  persons 
committed  to  said  jail  and  confined  therein  in  default  of  payment  of  any  fine  imposed, 
during  the  time  of  such  confinement,  to  work  upon  the  public  roads  of  said  county 
or  on  the  streets  of  Easton,  or  such  other  manual  labor  and  work  as  they  may  be 
required  to  do  by  the  said  county  commissioners  of  Talbot  county;  and  the  said  county 
commissioners  are  hereby  empowered  to  make  such  by-laws,  rules  and  regulations  as 
they  may  think  necessary  and  proper  for  the  clothing,  regulation,  management,  control 
and  conduct  of  such  prisoners  while  engaged  at  the  work  or  labor  assigned  them  by 
said  county  commissioners,  and  any  such  person  who  shall  refuse  to  perform  the 
work  assigned  him  or  be  guilty  of  any  act  of  insubordination  or  misconduct  shall  be 
punished  by  the  sheriff  of  said  county  or  his  duly  appointed  deputy  or  special  deputies 
or  the  bailiff  of  Easton,  as  the  rules  and  regulations  prescribed  by  said  county  com¬ 
missioners  of  Talbot  county  shall  require. 

Ibid. 

Such  labor  so  to  be  performed  by  the  said  incarcerated  male  persons  shall  be 
done  under  the  direction  of  said  sheriff  of  Talbot  county,  or  his  duly  appointed 
deputy  or  special  deputies,  when  working  on  the  county  roads,  or  the  bailiff  of 
Easton  when  working  on  the  streets  of  same,  acting  under  authority  duly  conferred 
by  the  said  county  commissioners  of  Talbot  county,  and  said  sheriff  of  Talbot  county 
shall  appoint  as  his  special  deputies  for  the  purpose  such  duly  qualified  supervisors 
of  the  roads  of  said  county  as  in  his  judgment  would  probably  perform  their  work 
as  such  deputies. 

Ibid. 

The  sheriff  of  said  Talbot  county,  or  his  deputy  or  special  deputies,  while  actively 
engaged  in  working  the  prisoners  or  persons  incarcerated,  as  aforesaid,  shall  be  paid 
by  the  county  commissioners  of  Talbot  county,  as  aforesaid,  a  per  diem  not  to  exceed 
one  dollar  and  fifty  cents,  and  while  working  on  the  streets  of  Easton  the  bailiff 
or  special  deputy  appointed  by  the  sheriff  shall  be  paid  by  said  commissioners  of 
Easton  a  per  diem  not  to  exceed  one  dollar  and  fifty  cents. 

Ibid. 

The  said  county  commissioners  of  Talbot  county  may  allow  a  deduction  of  time, 
not  to  exceed  five  days  from  each  month,  or  its  proportional  part,  from  each  month 
of  the  period  of  any  person  committed  or  sentenced  as  aforesaid,  if  he  shall  labor 
with  diligence  and  fidelity,  and  shall  not  be  guilty  of  a  violation  of  the  discipline  or 
any  of  the  rules  made  as  above  prescribed. 

(1888),  art.  XXII. 

WASHINGTON  COUNTY. 

(1860),  art.  21,  sec.  229. 

331.  No  road  shall  be  constructed  in  Washington  county,  so  as  to  pass  between 
any  dwelling-house  and  spring,  well  or  reservoir  of  water  used  and  necessary  for 
family  purposes,  without  permission  of  the  owner;  provided,  such  spring,  well  or 
reservoir  is  not  situated  more  than  two  hundred  yards  from  the  dwelling-house;  and 
provided  also,  that  the  tenants  in  possession  of  said  dwelling  are  the  legal  and  bona 
fide  proprietors  of  the  premises  upon  which  both  said  dwelling,  spring  or  reservoir  are 
situated. 

1876,  ch.  181. 

332.  No  road  shall  be  opened  or  altered  so  as  to  pass  through  the  buildings,  yards, 
garden,  burial  ground  or  orchard  of  any  person,  without  the  consent  of  the  owner 
thereof. 


MARYLAND  GEOLOGICAL  SURVEY 


69 


(1860),  art.  21,  sec.  230. 

333.  The  county  commissioners  shall  direct  the  supervisors  of  public  roads  in 
said  county,  to  cause  to  be  erected  and  kept  up  at  the  public  expense,  at  all  public 
cross-roads  and  where  public  roads  fork,  indexes  or  finger-boards,  pointing  to  the 
nearest  town,  mill  or  other  public  places  to  which  such  roads  lead,  with  the  names 
of  said  places,  and  the  distances  thereto,  legibly  inscribed  on  such  finger-boards. 

Ibid.  sec.  231. 

334.  The  supervisors  shall  return  a  correct  account  of  the  expense  of  erecting 
and  keeping  up  said  indexes  to  the  county  commissioners,  to  be  by  them  levied  as 
other  county  charges. 

Ibid.  sec.  232. 

335.  If  any  person  shall  wantonly  injure  or  deface  or  pull  down  any  finger-board, 
he  shall  forfeit  and  pay  a  sum  not  exceeding  five  dollars,  to  be  recovered  by  warrant 
before  a  justice  of  the  peace,  in  the  same  manner  as  other  small  debts,  one-half  to 
the  informer  and  the  other  half  to  the  use  of  the  county. 

Ibid.  sec.  233. 

336.  The  pay  of  laborers  upon  the  public  roads  in  said  county  shall  be  one  dollar 
per  day  for  each  laborer. 

1880,  ch.  311. 

• 

337.  It  shall  not  be  lawful  for  any  person  to  encroach  upon  or  to  obstruct  the 
county  roads  of  Washington  county. 

(1860),  art.  21,  sec.  234. 

338.  If  any  person  shall  alter  or  change,  or  in  any  manner  obstruct  or  encroach 
on  any  of  said  roads,  or  cut  down,  or  destroy,  deface  or  injure  any  of  the  bridges, 
causeways,  boundaries,  marks,  directions  or  other  establishment  thereon,  he  shall, 
on  conviction  in  the  circuit  court,  be  fined  at  the  discretion  of  the  court,  not  exceed¬ 
ing  twenty-five  dollars,  according  to  the  nature  and  degree  of  the  offense. 

1880,  ch.  311. 

339.  Upon  complaint  of  one  or  more  taxpayers  of  the  county  to  the  county  com¬ 
missioners,  of  any  person  having  encroached  upon  or  obstructed  the  county  roads, 
by  setting  out  fences,  or  hauling  or  throwing  obstructions  on  said  roads,  the  county 
commissioners  shall  direct  the  county  surveyor  to  make  a  survey  of  said  road  and 
ascertain  the  correct  location  of  the  center  line,  and  after  marking  with  stakes  the 
outside  lines  of  said  road  as  originally  laid  out,  he  shall  report  to  the  county  com¬ 
missioners,  at  their  next  meeting,  the  name  of  such  person  who  has  encroached  upon 
with  fences  or  otherwise  obstructed  said  road;  the  county  commissioners  shall  then 
pass  an  order  notifying  such  person  to  set  back  his  fences  so  as  to  give  to  said  road 
its  legal  width,  or  to  remove  the  obstructions,  as  the  case  may  be,  and  place  a  copy  of 
said  order  in  the  hands  of  the  sheriff  of  said  county,  who  shall  notify  the  person  to 
whom  the  notice  is  directed,  by  reading  the  same  to  him,  and  return  said  order  to  the 
commissioners,  with  the  day  and  date  of  the  giving  of  said  notice  to  the  person  therein 
mentioned,  endorsed  upon  the  same. 


Ibid. 

340.  Upon  refusal  or  neglect  of  such  person  to  comply  with  the  orders  of  the 
said  commissioners  within  ninety  days  from  the  date  of  said  notice  as  returned  by 
the  sheriff,  he  shall  be  deemed  guilty  of  a  misdemeanor,  and  after  presentment  and 
indictment  by  a  grand  jury,  upon  conviction  thereof,  shall  be  fined  the  sum  of  five 
dollars  per  day  for  each  and  every  day  that  said  fence  or  other  obstruction  shall 
remain  after  the  expiration  of  ninety  days  from  the  date  of  the  giving  of  said 
notice,  together  with  all  costs  incurred;  the  said  fine  to  be  recovered  in  the  manner 
provided  by  law  for  the  recovery  of  fines,  penalties  and  forfeitures,  and  to  be  paid 
to  the  said  county  commissioners  for  the  use  of  ihe  roads  of  said  county. 


Guide-posts. 


Report  of  cost. 


Penalty  for 
injury  to  same. 


Wages. 


Obstruction. 


Penalty  for  injury 
or  obstruction. 


Resurvey  of  road. 


Removal  of 
obstructions. 


Penalty  for  non¬ 
removal  of  same. 


70 


THE  ROAD-LAWS  OF  MARYLAND 


Fines. 


Width  of  road. 


Subscriptions  to 
stock  of  turnpike 
companies. 


Issue  of  county 
bonds. 


Levy. 


Control  of  roads. 


Road  districts. 


Labor-tax. 


Exemption. 


(1860),  art.  21,  sec.  235. 

341.  All  fines  imposed  in  such  cases  shall  be  appropriated  to  repairing  such 
damages  and  improving  the  road,  and  shall  be  paid  to  and  accounted  for  by  the  super¬ 
visor. 

1874,  ch.  356. 

342.  The  county  commissioners  shall  have  power  to  construct  any  road,  hereafter 
to  be  opened  for  the  use  of  the  public,  less  than  thirty  feet  wide;  provided,  that  in 
the  judgment  of  the  examiners  such  width  will  be  sufficient  for  the  public  use. 

1892,  ch.  602. 

The  county  commissioners  of  Washington  county  in  their  discretion  are  authorized 
in  any  case  when  it  is  made  to  appear  to  their  satisfaction  that  sufficient  responsible 
subscriptions  have  been  obtained  for  the  payment  of  two-thirds  of  the  costs  of  the 
building  of  a  turnpike  along  the  line  of  any  public  road  within  the  bounds  of  said 
county,  to  subscribe  for  an  amount  of  the  capital  stock  of  any  company  organized 
for  the  building  of  any  such  pike,  the  residue,  or  other  one-third  of  the  cost  necessary 
for  the  completion  of  said  pike. 

Ibid. 

To  enable  said  commissioners  to  raise  money  to  meet  and  pay  any  subscriptions  for 
the  capital  stock  of  any  turnpike  company  so  made  by  them  they  are  further  author¬ 
ized  to  issue  bonds  in  such  denominations  and  amounts  as  they  may  determine  upon, 
the  same  to  be  payable  within  ten  years  from  date  of  issue,  and  to  bear  interest  not 
exceeding  four  per  cent.,  or  they  may  levy  direct  to  raise  money  for  the  payment  of 
said  subscription. 

Ibid. 

In  case  the  said  county  commissioners  issue  any  bonds  as  aforesaid  they  shall  have 
full  power  and  authority  to  pay,  levy  for  the  redemption  of  said  bonds,  principal  and 
interest  as  the  same  becomes  due  and  payable. 

(1888),  art.  XXIII. 

WICOMICO  COUNTY. 

1870,  ch.  479. 

113.  The  county  commissioners  shall  control  and  regulate  the  public  roads  in 
Wicomico  county. 

1874,  ch.  125. 

114.  They  shall  subdivide  each  or  any  of  the  election  districts  of  the  county,  and 
appoint  a  supervisor  for  each  of  said  road  districts. 

Ibid. 

115.  All  able-bodied  male  citizens  of  the  said  county,  between  the  ages  of  twenty- 
one  and  fifty  years,  who  do  not  reside  within  the  limits  of  an  incorporated  town, 
shall  be  compelled  to  work  not  less  than  two  days  in  every  year  on  the  public  roads 
in  the  road  district  in  which  they  reside;  and  the  road  supervisor,  whenever  the  public 
roads  shall  need  repairs,  shall  summon  all  such  persons  in  his  road  district,  or  such 
number  of  them  as  he  may  deem  necessary  to  make  such  repairs,  giving  at  least  two 
days’  notice  of  the  time  and  place  of  meeting,  and  what  tools  they  must  furnish; 
provided,  however,  that  no  non-taxpayer  shall  be  compelled  to  work  more  than  two 
days  in  one  year,  and  that  no  person  shall  be  compelled  to  work  more  than  four 
miles  from  his  place  of  residence. 

Ibid. 

116.  If  any  person  from  whom  such  labor  on  the  roads  may  be  required  under 
the  provisions  of  the  preceding  section,  shall  make  it  satisfactorily  appear  to  the 
county  commissioners,  that  he  is  physically  unable  to  perform  such  labor,  it  shall  be 
the  duty  of  the  said  commissioners,  to  exempt  such  person,  if  he  is  a  non-taxpayer, 
from  the  performance  of  the  said  labor. 


MARYLAND  GEOLOGICAL  SURVEY 


71 


1874,  ch.  125. 

117.  The  road  supervisors  may  make  such  commutation  of  labor  for  teams,  carts 
and  wagons,  as  they  may  deem  proper. 


Ibid. 

118.  Every  person  liable  as  aforesaid  to  labor  on  said  roads,  who  shall  fail  to 
obey  the  summons  of  the  road  supervisors  or  to  furnish  a  substitute,  shall  pay  to  the 
said  supervisor  upon  demand  the  sum  of  one  dollar  for  each  and  every  day  he  shall 
fail  to  pei’form  the  said  labor;  and  the  said  supervisor  shall  collect  and  account  under 
oath,  at  least  once  a  year,  and  as  often  as  may  be  required,  to  the  said  county  com¬ 
missioners,  for  all  sums  of  money  so  collected,  and  shall  apply  the  same  or  pay  it 
over  to  the  said  commissioners,  as  they  may  direct. 

Ibid. 

119.  Any  person  failing  to  obey  such  summons,  and  refusing  upon  such  demand, 
to  pay  to  the  said  supervisor  the  sum  of  one  dollar,  shall  be  guilty  of  a  misdemeanor, 
and  upon  complaint  made  by  such  supervisor  shall  be  arrested  and  brought  before 
some  justice  of  the  peace  of  the  said  county,  upon  a  warrant  to  be  issued  by  said 
justice,  in  the  name  of  -the  State  of  Maryland  therefor,  and  upon  proof  of  such 
summons  and  failure  to  obey  the  same,  and  refusal  to  pay  the  said  sum  of  one  dollar, 
shall  be  fined  one  dollar  and  all  costs  of  the  proceedings;  and  the  said  justice,  in 
order  to  enforce  the  collection  of  the  said  fine  and  costs,  shall  have  the  power  to 
issue  an  execution  therefor  against  the  property  of  the  defendant;  and  the  party 
against  whom  any  such  judgment  is  rendered,  shall  stand  committed  to  the  jail  until 
the  said  fine  and  costs  are  paid,  and  said  confinement  not  to  exceed  in  any  one  case 
ten  days;  provided,  nevertheless,  that  the  defendant  shall  have  the  privilege  of  an 
appeal  to  the  circuit  court  for  the  county. 

Ibid. 

120.  The  road  supervisor  of  each  road  district  shall  enroll  the  names  of  all  persons 
in  his  road  district,  liable  to  service,  in  a  book  kept  for  that  purpose;  he  shall  also 
keep  a  separate  list  of  those  who  work  when  ordered,  and  a  similar  list  of  those  who 
fail  to  obey  his  summons;  which  list  shall  be  subject  to  the  examination  of  any 
citizen  of  said  county  when  desired. 

Ibid. 

121.  The  county  commissioners  shall  require  the  road  supervisors  appointed  by 
them,  to  give  bond  to  the  State  of  Maryland,  with  good  and  sufficient  security,  to 
be  approved  by  them  in  such  sums  as  they  may  deem  proper,  conditioned  for  the 
faithful  and  diligent  performance,  by  the  said  supervisors,  of  all  the  duties  required 
of  them;  which  said  bonds  may  be  put  in  suit  for  the  use  and  benefit  of  any  one  suffer¬ 
ing  by  reason  of  the  neglect  of  the  said  supervisors  in  keeping  the  public  roads  in 
their  road  districts  in  proper  and  safe  condition;  and  the  county  commissioners  shall  have 
full  and  sole  power  to  fix  the  price  to  be  paid  for  laborers  on  the  said  roads,  and 
to  authorize  the  said  supervisors  to  hire  such  numbers  of  them  as  the  said  super¬ 
visors  may  deem  necessary;  and  they  shall  pay  the  said  supervisors  such  salaries  or 
per  diem  as  they  may  deem  just  and  reasonable. 

Ibid. 

122.  Every  road  supervisor  shall  be  liable  to  be  presented  by  the  grand  jury  of  the 
county,  for  malfeasance  in  office,  and  upon  conviction  thereof  before  the  circuit  court 
for  tho  county  shall  be  fined  in  each  case  not  less  than  five  nor  more  than  twenty 
dollars,  in  the  discretion  of  the  court;  and  the  bond  of  the  said  supervisor  shall  be 
liable  for  said  fine. 

Ibid. 

123.  The  county  commissioners  shall  have  power  at  any  time  to  remove  from 
office  any  road  supervisor  for  what  they  may  deem  a  neglect  of  duty  or  malfeasance 
in  office,  and  to  appoint  another  road  supervisor  to  fill  the  vacancy  for  the  residue  of 


Commutation. 


Substitute  or 
commutation. 


Penalty  for  failure 
to  obey  summons 
or  pay  money. 


List  of  persons 
liable  to  service. 


Supervisor’s  bond. 


Penalty  for 
negligence. 


Removal  of 
supervisor. 


72 


THE  ROAD-LAWS  OF  MARYLAND 


the  term;  and  the  term  of  office  of  each  supervisor  shall  end  with  the  qualification  and 
induction  into  office  of  every  new  hoard  of  county  commissioners. 

1892,  ch.  276. 

Width  of  roads.  124.  All  new  public  roads  hereafter  opened  in  Wicomico  county  shall  be  made 
thirty  feet  wide,  except  where  the  county  commissioners  shall  deem  that  the  public 
convenience  and  good  may  require  them  to  be  less  or  greater  than  thirty  feet  wide, 
and  shall  determine  the  width  of  any  new  road  in  the  commission  issued  to  the 
examiners  to  report  on  such  new  road.  All  new  roads  shall  be  well  drained  and 
graded,  and  it  shall  be  the  duty  of  the  county  commissioners  to  reject  all  syich  roads 
if  not  put  in  the  most  complete  order;  and  they  may  make  at  any  time  such  further 
rules  and  regulations  as  they  may  deem  necessary  for  the  better  keeping  of  public 
roads  in  said  county  not  inconsistent  with  the  subtitle  of  this  article  or  of  the 
Public  General  Laws. 

1874,  ch.  125. 

Guide-posts.  125.  They  may  cause  to  be  placed  at  such  of  the  forks  of  the  public  roads  as 
they  may  think  proper,  finger-boards  or  signs,  showing  the  prominent  places  to  which 
said  roads  lead,  and  the  distance  to  such  places;  and  any  person  tearing  down  or 
defacing  such  finger-boards  or  signs  shall  be  guilty  of  a  misdemeanor,  and  on  con¬ 
viction  thereof  before  a  justice  of  the  peace,  shall  be  fined  not  less  than  five  nor 
more  than  ten  dollars,  and  shall  stand  committed  to  the  jail  until  such  fine  and  costs 
are  paid. 

1868,  ch.  277. 

Widening  roads.  126.  It  shall  be  the  duty  of  the  supervisors  of  the  public  roads  in  said  county  to 
examine  all  public  roads  in  their  respective  road  districts,  and  if  any  of  said  roads 
are  found  to  be  less  than  thirty  feet  wide,  and  if  the  said  supervisors  find  that  at 
any  point  said  roads  cannot  be  improved  or  repaired  without  widening  the  same, 
they  shall,  respectively,  have  full  power  to  remove  fences,  fill  up  and  remove  ditches, 
cut  down  and  remove  trees,  or  any  other  obstructions,  so  that  the  said  road  may  be 
rendered  passable  and  convenient;  provided,  such  widening  shall  not  exceed  thirty  feet. 

Ibid. 

Resurvey.  127.  If  any  person  shall  feel  aggrieved  at  the  action  of  the  supervisors  in  the 
performance  of  their  duty  under  the  preceding  section,  in  removing  his  fence  or 
other  obstruction,  he  may  call  in  the  county  surveyor  for  the  purpose  of  ascertaining 
where  the .  center  of  said  road  is,  so  as  to  know  where  the  fifteen  feet  from  the  said 
center  of  the  said  road  will  run  and  be  located;  and  if  the  said  surveyor  shall  decide 
in  favor  of  the  location  made  by  the  supervisor,  then  the  party  appealing  to  said 
surveyor  shall  pay  the  expenses  of  said  survey;  but  if  the  said  surveyor  shall  decide 
that  the  location  made  by  said  supervisor  is  not  correct,  and  that  it  is  an  injury  to 
said  party  so  appealing,  then  the  county  commissioners  shall  pay  the  said  surveyor 
four  dollars  for  each  day  he  may  be  employed  in  surveying  said  road;  but  said  sur¬ 
veyor  shall  not  charge  for  any  survey  made  on  any  road  unless  he  shall  have  been 
called  in  on  an  appeal  from  the  action  of  some  road  supervisor  of  the  public  roads 
in  said  county. 

1898,  ch.  181. 

New  roads.  127  A.  The  county  commissioners  of  Wicomico  county  have  the  power,  by  ordinance 
or  resolution,  of  condemning,  laying  out,  opening,  extending  and  making  new  roads, 
and  for  altering,  straightening,  widening,  grading,  improving  or  closing  up  in  whole 
or  in  part  any  existing  road,  and  for  removing  trees,  posts  and  other  obstructions, 
and  for  laying  out  public  drains,  watercourses  and  public  landings  on  any  navigable 
waters  in  Wicomico  county,  when  in  their  opinion  the  public  necessity  or  con¬ 
venience  requires  the  same  without  any  previous  application  or  petition.  The  county 
commissioners  may  contract  with  the  owner  or  owners  of  the  land  for  the  purpose 
of  laying  out,  opening,  extending  and  making  new  roads,  and  for  altering,  straighten¬ 
ing,  widening,  grading,  improving  or  closing  up  in  whole  or  in  part  any  existing 
Plat,  road,  or  for  a  public  drain  or  public  landing,  for  the  right  of  way  over  the  land 
necessary  for  any  said  road,  or  for  land  for  public  drains  and  public  landings,  if  he,  she 


MARYLAND  GEOLOGICAL  SURVEY 


73 


or  they  be  competent  to  contract;  and  in  case  the  said  county  commissioners  shall  so 
contract,  they  shall  cause  a  plat  of  the  said  road  to  he  made  by  a  competent  surveyor, 
and  filed  and  recorded  in  the  office  of  the  clerk  of  the  circuit  court  for  Wicomico 
county  with  the  deed  or  deeds  conveying  the  land  so  acquired,  which  plat  shall  be  re¬ 
ferred  to  in,  and  shall  be  a  part  of  said  deed  or  deeds,  and  the  lands  so  conveyed  shall 
be  and  become  thenceforth  the  property  of  Wicomico  county,  and  be  subject  to  the 
purposes  and  uses  for  which  granted.  If,  however,  the  county  commissioners  afore¬ 
said  shall  proceed  by  condemnation  in  the  exercise  of  the  powers  herein  granted,  all 
benefits  or  damages  done,  suffered  or  incurred,  by  the  laying  out,  opening  and  making 
of  new  roads,  or  by  altering,  straightening,  widening,  grading,  improving  or  closing  Benefits  and 
up  in  part  or  in  whole  any  existing  road,  or  laying  out  public  drains,  watercourses  or  damages, 
landings,  shall  be  determined  or  assessed  by  three  disinterested  persons,  freeholders 
and  residents  of  Wicomico  county,  and  above  the  age  of  twenty-one  years,  who 
shall  be  appointed  by  the  county  commissioners  aforesaid,  and  shall,  within  ten  days 
after  notice  of  their  appointment,  take  an  oath  before  a  justice  of.  the  peace  of 
Wicomico  county  that  they  will  faithfully,  fully  and  fairly  and  without  partiality 
or  prejudice,  value  and  assess  the  costs  and  damages  to  be  suffered  and  incurred  by 
any  person  interested  in  the  said  property,  over,  through  and  by  which  the  said 
road,  drain,  waterway  or  landing  is  to  be  opened,  closed,  extended,  widened,  graded 
or  improved,  and  also  to  estimate  the  benefits  that  may  accrue  therefrom  to  any  such 
property,  over,  through  and  by  which  the  said  road,  drain,  waterway  or  landing  is 
to  be  opened,  closed,  extended,  widened,  graded  or  improved,  or  any  property  adjacent 
thereto,  or  any  other  property  injured  or  benefited  by  said  road,  drain,  watercourse 
or  landing;  they  shall  give  at  least  fifteen  days’  notice  in  one  or  more  newspapers  Notice, 
published  in  Wicomico  county  of  their  purpose  to  lay  out,  open,  extend,  close  up, 
wiilen,  straighten,  grade  or  improve  the  road,  drain,  waterway  or  landing  so 
directed  to  be  laid  out,  opened,  extended,  closed  up,  widened,  straightened,  graded 
or  improved,  and  of  the  day,  hour  and  place  of  meeting  for  the  said  purpose;  and 
shall  meet  at  the  time  and  place  mentioned  in  the  notice  given  by  them,  and  proceed 
to  exercise  the  powers  and  perform  the  duty  assigned  to  and  required  of  them,  and 
to  ascertain  whether  any  and  what  amount  in  value  of  damages  will  be  caused 
thereby,  for  which  the  owner  or  occup'ant  of  any  rights  or  interest,  claimed  in  any 
ground  or  improvement,  ought  to  be  compensated,  over  and  above  the  amount  in 
value  of  benefits  which  will  thereby  accrue  to  said  owner  or  occupant  thereof,  and 
ascertain  what  amount  in  value  of  benefits  will  thereby  accrue  to  any  lot  or  parcel 
of  ground  by  or  through  which  the  same  may  pass,  or  improvements  made,  or  any 
other  property,  or  to  the  owner  or  occupant  thereof,  and  which  said  lot  or  parcel 
of  ground,  or  the  owner  or  occupant  thereof  ought  to  pay.  They  shall  locate  boun-  Boundaries, 
daries  and  prepare  an  explanatory  map,  giving  description  of  the  road  opened,  closed, 
extended,  widened,  straightened,  or  drain,  watercourse  or  landing,  with  each  separate 
lot  or  parcel  of  ground  deemed  to  have  sustained  damages  or  received  benefits,  and 
they  shall  within  twenty  days,  return  to  the  county  commissioners  such  map,  together 
with  the  amount  of  damages  awarded  such  owners  or  occupants  and  the  amount 
of  benefits  assessed  to  any  lot  or  parcel  of  ground  or  the  owner  thereof,  together 
with  a  certificate  of  their  qualifications,  which  may  be  ratified  or  rejected  or  allowed 
and  amended,  in  whole  or  in  part,  by  said  county  commissioners;  provided,  that  the 
county  commissioners  shall  give  ten  days’  notice,  at  least,  by  publication  in  one 
newspaper  published  in  Wicomico  county,  or  by  ten  days’  notice,  at  least,  in  writing, 
to  each  property  owner  so  interested,  of  the  time  set  for  final  action  on  the  return 
of  said  examiners,  and  said  county  commissioners  shall  act  on  said  return  within 
twenty  days  after  the  expiration  of  said  notice,  and  may  issue  a  new  commission, 
as  in  their  judgment  may  seem  proper;  and  before  proceeding  to  actually  open, 
widen,  extend,  straighten  or  close  any  such  road,  drain,  watercourse  or  landing, 
the  county  commissioners  shall  pay  or  tender  to  the  person,  his  agent,  guardian  or 
representative,  the  amount  of  damages  so  awarded;  and  if  any  one  shall  feel  aggrieved  Appeal, 
by  the  decision  of  the  county  commissioners,  in  any  matter  affected  by  their  decision, 
he  may  appeal  to  the  Circuit  Court  for  Wicomico  county,  by  giving  written  notice 
within  twenty  days  from  said  decision,  filed  with  the  clerk  of  the  county  commis¬ 
sioners,  of  his  desire  to  appeal;  and  on  the  filing  of  the  said  notice,  it  shall  be 
the  duty  of  the  said  clerk  to  deliver  the  papers  connected  therewith  to  the  clerk  of 


Causeways 
over  dams. 


Failure  to  keep 
dam  or  bridge 
in  repair. 


Road  districts. 


Labor-tax. 


Exemptions 
from  labor-tax. 


74  THE  ROAD-LAWS  OF  MARYLAND 


the  said  court;  and  the  same  proceedings  shall  he  had  on  the  appeal  as  in  cases  of 
appeal  from  judgment  of  justices  of  the  peace;  provided,  nevertheless,  that  the  county 
commissioners  may  decline  to  open,  lay  out,  extend,  widen,  grade  or  straighten  any 
road,  drain,*  waterway  or  landing,  notwithstanding  the  decision  of  the  said  court; 
but  in  case  of  refusal  to  do  so,  they  shall  be  liable  for  all  costs  incurred  and  shall 
pay  the  same.  All  benefits  assessed  by  virtue  of  the  above  provisions  shall  be  prior 
liens  on  the  respective  lots  or  parcels  of  ground  on  which  they  are  assessed  from  the 
time  of  the  final  ratification  of  the  aforesaid  returns,  and  shall  be  collected  as  taxes 
are  now  collected,  or  may  be  collected  by  action  at  law.  On  appeal  the  court  or 
jury  may  alter  the  award  so  returned,  whether  of  damages  or  benefits,  and  costs  be 
awarded  in  the  discretion  of  the  court.  After  final  notification  the  plat  shall  be 
filed  and  recorded  in  the  clerk’s  office  of  Wicomico  county  at  the  expense  of  the 
county  commissioners. 

1876,  ch.  43. 

128.  Wherever  any  mill-dam  may  be  built  in  said  county  upon  any  branch  or 
stream  where  the  public  road  crosses  such  branch  or  stream,  the  owner  of  any  such 
mill  shall,  within  one  month  from  the  building  thereof,  erect  a  causeway  across  the 
breast  of  such  dam,  at  least  twelve  feet  wide,  and  shall  keep  such  dam  and  the  bridge 
incident  to  the  same,  in  good  repair,  so  that  the  public  road  shall  be  in  no  way 
affected  injuriously  thereby;  and  such  owner  shall  be  exempt  from  any  summons  to 
work  on  the  public  roads. 

Ibid. 

129.  If  any  such  dam  or  bridge  shall  get  out  of  repair,  and  the  owner,  on  notice 
from  the  road  supervisor  or  couuty  commissioners,  shall  neglect  for  the  space  of  sixty 
days  to  repair  the  same,  the  county  commissioners  shall  proceed  to  make  such  repairs, 
and  the  owner  shall  be  bound  to  pay  them  for  such  outlay  on  account  thereof,  and 
the  same  may  be  collected  as  taxes,  unless  the  mill  shall  be  abandoned  with  its 
privileges,  in  which  case  the  owner  shall  be  released. 

(1888),  art.  XXIV.1 

WORCESTER  COUNTY. 

1898,  ch.  49S. 

[1.]  The  county  commissioners  of  Worcester  county  shall  have  power  to  divide  or 
sub-divide  the  several'  election  districts  of  said  county  into  three  road  districts,  and 
to  appoint  a  road  supervisor  for  each  of  said  districts,  and  to  appoint  such  assistant 
supervisors  as  they  may  think  necessary. 


Ibid. 

[2.]  Any  male  inhabitant  between  the  ages  of  twenty-one  and  fifty -five  years  of 
age,  and  evei’y  other  male  inhabitant  above  fifty-five  years  of  age,  and  possessing 
taxable  property,  assessed  at  five  hundred  dollars  or  upwards,  who  shall  have  resided 
within  the  limits  of  Worcester  county  for  one  month  next  preceding  the  date  when 
his  services  may  be  demanded,  shall  be  required  to  labor  two  days  in  every  year  on 
the  public  roads  in  the  road  district  in  which  he  may  reside,  and  the  road  supervisor, 
whenever  the  public  roads  shall  need  repairs,  shall  summons  all  such  persons  in  his 
road  district,  or  such  number  of  them  as  he  may  deem  necessary;  provided,  that  he 
shall  not  summon  the  same  party  twice  until  he  shall  have  exhausted  the  whole 
number  liable  to  such  duty  in  his  road  district,  giving  notice  of  the  time  and  place  of 
meeting;  provided,  that  at  least  one  whole  day  shall  intervene  between  the  time  of 
notice  and  the  day  on  which  the  work  is  to  be  performed;  provided,  however,  that  no 
person  shall  be  compelled  to  labor  more  than  four  miles  from  his  place  of  residence. 

Ibid. 

[3.]  If  any  person  not  possessing  taxable  property  assessed  at  five  hundred  dollars 
or  upwards,  from  whom  such  labor  on  the  public  roads  may  be  required  under  the 


1  All  the  road  laws  for  Worcester  county  contained  in  the  code  were  repealed  by 
the  act  of  1890,  ch.  555. 


MARYLAND  GEOLOGICAL  SURVEY 


75 


provisions  of  the  preceding  section,  shall  make  it  satisfactorily  appear  to  the  road 
supervisor  of  the  road  district  in  which  he  resides  that  he  is  physically  unable  to 
perform  the  said  labor,  either  by  reason  of  permanent  disability  or  that  said  disa¬ 
bility  existed  at  the  time  at  which  his  services  were  required,  and  is  not  able  to  pay 
the  commutation  hereinafter  provided,  it  shall  be  the  duty  of  the  said  supervisor  to 
exempt  for  the  time  being  such  persons  from  the  performance  of  said  labor  and  com¬ 
mutation  for  labor,  and  in  case  such  supervisor  shall  refuse  to  exempt  any  person  who 
shall  apply  for  exemption  as  herein  provided,  such  person,  if  he  shall  feel  aggrieved 
by  such  refusal,  may  appeal  to  the  county  commissioners  of  the  county,  whose  decision 
may  be  final. 

1898,  ch.  498. 

[4.]  The  county  commissioners  of  said  county  shall  purchase  and  supply  each  road 
supervisor  with  one  road  machine,  horses,  carts,  one  stump  puller,  road  plows,  shovels, 
spades,  axes,  nails,  and  such  other  implements  and  tools  as  may  be  necessary  for  the 
repairing  or  constructing  of  said  county  roads;  said  county  commissioners  shall  also 
provide  and  supply  each  road  supervisor  with  as  many  mules  or  horses  as  they  may 
deem  sufficient  to  properly  carry  on  the  work,  and  the  care  and  management  of  all 
said  property  shall  be  subject  to  the  direction  of  the  county  commissioners. 

Ibid. 

[5.]  Every  person  liable  as  aforesaid  to  labor  on  said  public  roads,  who  shall  fail 
to  obey  the  summons  of  the  road  supervisor,  or  furnish  a  substitute,  shall,  upon  demand 
made  by  said  supervisor,  pay  to  said  supervisor  the  sum  of  seventy-five  cents  for  each 
and.  every  day  (not  exceeding  two  days)  that  he  shall  have  to  perform  such  labor;  and 
the  said  supervisor  shall  collect  and  account  under  oath,  to  the  county  commissioners, 
for  all  sums  of  money  so  collected  and  exemptions  granted,  and  shall  apply  the  said 
money,  under  the  direction  of  the  said  county  commissioners,  to  hiring  labor  to  work 
on  the  public  roads,  and  shall  pay  over  to  his  successor,  upon  the  order  of  the  county 
commissioners,  any  surplus  that  may  remain  in  his  hands,  and  the  said  supervisor  shall 
make  the  said  report,  under  oath,  once  in  twelve  months,  and  it  shall  contain,  in 
addition  to  the  things  hereinbefore  provided,  a  true  account  of  all  moneys  received  and 
expended,  the  name  of  each  and  every  man  who  has  performed  the  labor  herein 
required  of  him,  the  number  of  days  he  has  worked,  and  the  time  when  and  the  road 
on  which  the  said  labor  was  performed. 

Ibid. 

[6.]  Any  person  liable  to  labor  as  aforesaid,  who  shall  refuse  to  obey  such 
summons,  and  shall  refuse  to  labor  on  said  public  roads,  as  hereinbefore  provided, 
for  one  or  two  days,  as  hereinbefore  specified,  and  shall  refuse  or  neglect  upon  demand 
made  as  aforesaid  to  pay  to  said  supervisor,  the  sum  of  seventy-five  cents  per  day 
for  one  or  two  days’  labor,  as  aforesaid,  or  shall  refuse  or  neglect  to  furnish  a  sub¬ 
stitute,  as  aforesaid,  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall,  upon  com¬ 
plaint  made  by  such  supervisor,  be  liable  to  be  arrested  and  brought  before  any 
justice  of  the  peace  in  the  county  upon  a  warrant  to  be  issued  by  said  justice  in  the 
name  of  the  state  therefor,  and  shall,  upon  proof  of  such  summons  and  failure  to 
obey  the  same  and  refuse  to  pay  said  sum  of  seventy-five  cents  per  day  not  exceeding 
two  days,  be  fined  to  an  amount  equal  to  said  sum  of  seventy-five  cents  per  day  for 
not  exceeding  two  days,  and  all  costs  of  such  proceedings  before  said  justice,  includ¬ 
ing  the  pay  for  the  witnesses  for  the  prosecution;  and  the  said  justice,  in  order  to 
enforce  the  collection  of  said  fines,  shall  have  the  power  to  issue  an  execution  upon 
the  judgment,  and  the  party  against  whom  such  judgment  is  rendered  shall  stand 
committed  to  the  county  jail  until  such  fines  and  costs  be  paid,  but  said  imprison¬ 
ment  shall  not  exceed  ten  days  for  any  one  offence;  provided,  that  any  party  against 
whom  any  justice  of  the  peace  may  render  a  judgment  under  any  of  the  preceding 
sections  of  this  Act,  may  at  any  time  within  ten  days  of  the  rendition  of  such  judg¬ 
ment  appeal  from  such  judgment  to  the  circuit  court  for  Worcester  county;  provided, 
the  party  so  appealing  shall  give  bond  with  surety  to  the  state  of  Maryland,  to  be  ap¬ 
proved  by  the  said  justice  of  the  peace  in  the  sum  of  fifty  dollars,  with  condition  to 


Road-machines, 
carts,  imple¬ 
ments,  etc. 


Penalty  for  failure 
to  obey  summons  of 
road  supervisor. 


Punishment  for 
failure  to  work 
or  commute. 


76 


THE  ROAD-LAWS  OF  MARYLAND 


Supervisors’  bond. 


Supervisors’  pay. 

Duties. 


Sign-boards. 


Widening  roads. 


Acceptance  of 
new  roads. 


Width  of  bridges. 


Road-tax. 


prosecute  such  appeal  with  effect,  and  to  pay  and  satisfy  the  fine  imposed  by  said 
justice  of  the  peace  in  case  the  judgment  shall  be  affirmed,  as  also  the  costs  adjudged 
by  said  justice  of  the  peace,  and  also  all  costs  awarded  by  the  circuit  court  aforesaid; 
and  all  fines  collected  under  the  provisions  of  this  Act  shall  be  paid  to  the  county 
commissioners,  to  be  by  them  applied  for  the  purpose  of  repairing  the  public  roads  in 
said  county,  and  the  judges  of  the  circuit  court  for  the  said  county  shall  give*  this  in 
charge  to  the  grand  jurors  thereof. 


1894,  ch.  498. 

[7.]  The  county  commissioners  shall  require  the  road  supervisors  appointed  by  them 
to  give  bond  to  the  state,  to  be  approved  by  them,  for  such  sums  as  they  may  deem 
proper,  conditioned  for  the  faithful  performance  of  the  duties  required  of  them,  which 
said  bond  may  be  put  in  suit  for  the  benefit  of  any  person  suffering  by  the  neglect 
of  said  supervisor  in  keeping  the  roads  in  his  district  in  proper  order,  and  the  said 
county  commissioners  shall  have  full  power  to  fix  on  the  price  to  be  paid  for  labors 
on  said  roads,  and  to  authorize  the  said  supervisors  to  hire  such  number  of  laborers 
as  they  may  deem  necessary,  and  that  said  county  commissioners  shall  pay  said 
supervisors  a  salary  not  to  exceed  three  hundred  and  fifty  dollars  per  annum;  and  the 
said  road  supervisors  shall  give  their  whole  and  undivided  attention  to  the  supervision 
of  and  work  upon  the  said  county  roads  during  the  entire  year. 

Ibid. 

[8.]  The  county  commissioners  shall  cause  to  be  placed  at  such  of  the  forks  of 
the  public  roads  as  they  may  think  need  the  same,  finger-boards  or  signs  showing  the 
prominent  points  that  the  said  roads  lead  to  and  the  distance  to  said  points;  and  any 
person  tearing  down  or  defacing  such  finger-boards  shall,  on  conviction  thereof  before 
any  justice  of  the  peace  in  the  county,  be  fined  a  sum  of  not  less  than  five  nor  more 
than  ten  dollars. 

Ibid. 

[9.]  The  said  county  commissioners  for  Worcester  county  are  hereby  empowered  to 
widen  said  county  roads  to  the  width  of  forty  feet  and  to  straighten  same,  by  cutting 
down  and  removing  all  trees  and  bushes,  and  by  retnoving  and  setting  in  all  fences 
and  gates,  such  as  may  interfere  with  said  widening  or  straightening  of  said  roads, 
whenever  in  their  judgment  they  may  deem  necessary;  where  objection  is  made  to 
the  said  widenihg  or  straightening  of  said  roads,  the  method  of  condemning  the  land 
in  contention  shall  be  the  same  as  now  provided  by  law  for  making  roads,  alley  and 
streets. 

Ibid. 

[10.]  Nothing  herein  contained  shall  be  construed  as  rendering  the  county  commis¬ 
sioners  liable  for  the  acceptance  of  any  new  roads  further  than  they  were  liable  before 
the  passage  of  this  Act. 

Ibid. 

[11.]  All  bridges  constructed  after  the  passage  of  this  Act  shall  not  be  less  than 
sixteen  feet  wide. 

Ibid. 

[12.]  The  said  county  commissioners  are  hereby  authorized  to  levy  and  set  aside 
annually  a  sufficient  sum  of  money  to  carry  out  the  provisions  of  this  Act,  and  for 
such  other  improvements  as  in  their  judgment  they  may  deem  necessary  for  road 
purposes. 


INDEX  TO  LAWS 


A. 

Accounts  of  expenses,  19. 

Adjoining  county,  conference  with  commis¬ 
sioners  of,  9. 

Advertising,  expense  of,  31. 

Allegany  county,  16. 

Altering  of  private  road,  10. 

Altering  of  roads,  3,  6,  25,  29,  30,  33,  37,  49, 
50,  56. 

Anne  Arundel  county,  17. 

Appeal,  costs  of,  5. 

Appeal,  right  of,  10,  22,  30,  40,  50,  56,  73. 
Applications,  record  of,  9. 

Arbitrator,  appointment  of,  5. 

Assessments,  30,  31. 

Authority  to  change  roads,  37. 

B. 

Baltimore,  33. 

Baltimore  county,  7,  26. 

Bids,  4,  21,  23,  24. 

Bonds,  issuance  of,  39,  46,  48,  58,  64,  70. 
Bonds,  recorded,  22. 

Bonds  required,  3,  4,  21,  24,  26,  32,  58,  63,  66. 
Boundaries,  73. 

Bridges,  building  and  repair  of,  4,  5,  31,  32, 
37,  46,  61,  74. 

Bridges,  injury  to,  46,  53. 

Bridges,  inspection  of  work  on,  4,  37. 

Bridges,  protection  of,  60. 

Bridges,  rate  of  toll,  11. 

Bridges,  rules  and  regulations  for,  4. 

Bridges,  superintendent  of,  32. 

Broad  tires,  39. 

Buildings  and  roads,  7. 

Burial  ground  and  roads,  7. 

C. 

Calvert  county,  34. 

Caroline  county,  38. 

Carroll  county,  39. 

Cecil  county,  42. 

Changing  roads,  3,  4,  10,  25,  29,  30,  33,  37, 
49,  50,  56. 

Charles  county,  43. 

Classification  of  public  roads,  18. 

Collection  districts,  expenditure  of  money  in, 
57,  60. 

Commissioners,  compensation  of,  10. 
Commissioners’  district,  42. 


Commission,  Geological  Survey,  15. 
Commutation  of  labor-tax,  71. 

Compensation  for  making  records,  61. 
Compensation,  rate  of,  for  laborers,  38. 
Complaints,  5,  24. 

Completion  of  bridge,  notice  of,  required,  10. 
Condemnation  of  lands,  29,  64. 

Contract,  award  of,  32,  37. 

Contracts  for  special  work  and  improvement, 
23. 

Contract,  power  to  make,  4,  23,  58,  59. 
Contractors,  control  of,  24. 

Contractor,  failure  of,  22. 

Contractors,  how  paid,  26. 

Convicts,  control  of,  68. 

Convicts,  employment  of,  62,  68. 

Convicts,  rewards  for,  68. 

County  collector,  49. 

County  Commissioners,  compensation  of,  47, 
56,  58,  62. 

County  Commissioners’  consent  required,  10. 
County  Commissioners,  duties  of,  3,  6,  7,  16, 
17,  19,  20,  22,  23,  26-29,  31-33,  35,  37-54, 
56-58,  60,  63-72,  74-76. 

County  Commissioners,  malfeasance  in  office 
of,  36. 

County  Commissioners,  powers  of,  3,  6,  7,  16, 
17,  19,  20,  22,  23,  26-29,  31-33,  34,  35,  37- 
54,  56-58,  60,  62,  63-72,  74-76. 

County  land,  49. 

Counter  petitions,  6,  29. 

County  surveyor  (see  surveyor). 

D. 

Damages,  6,  7,  8,  22,  25,  55,  61,  64,  73. 
Damages,  appraisement  of,  54. 

Damages,  apportionment  of,  10. 

Damages  for  drainage,  42. 

Damages,  payment  of,  31,  54,  55. 

Dams,  repairs  of,  74. 

Dams,  causeways  over,  74. 

Day’s  work,  57,  60. 

Deed  of  road  by  owner,  28. 

Disputed  locations,  decision  of,  9. 

Ditches,  46. 

Districts,  division  of,  27. 

Dorchester  county,  45. 

Drainage,  36,  42,  67. 

Drainage,  scientific  system  of,  46. 

Draining  into  public  road  unlawful,  42. 
Draining  on  adjoining  lands,  42,  44. 


78 


INDEX  TO  LAWS 


Drains,  6,  29. 

Drains,  injury  to,  36,  42,  44. 

Drains,  land  for,  49. 

E. 

Engineers,  employment  of,  3,  20,  46,  64. 
Examiners,  6,  10,  11,  29,  30,  32,  50,  51,  52,  56, 
64,  78. 

Examiners,  oath  of,  7,  30,  40,  50,  52. 
Examiners,  subject  to  county  commissioners, 
7. 

Examination  of  turnpike  road,  12. 

Excuses,  from  labor-tax,  38. 

Exemption  from  working  on  roads,  70,  74. 

F. 

Fences,.  3,  47. 

Fines,  3,  7,  12,  14,  15,  21,  25,  26,  27,  30,  36, 

43,  44,  45,  47,  52,  53,  60,  61,  69,  70,  71, 
74,  75. 

Flood-gates  forbidden,  47. 

Forfeiture  of  turnpike  road,  14. 

Frederick  (City),  48. 

Frederick  county,  6,  47. 

Funerals,  13. 

Funds,  use  of,  24. 

G. 

Gardens  and  roads,  7,  10. 

Garrett  county,  51. 

Gates,  erection  and  removal  of,  3,  36,  39,  42, 

44,  55,  58,  64. 

Gate-tax,  55. 

Geological  Survey,  highway  investigation  by, 
15,  16. 

General  provisions,  3. 

Guide-boards,  50,  51,  54,  69,  72,  76. 

II. 

Harford  county,  51. 

Highways,  injury  to,  25. 

Highway  investigation,  by  Geological  Sur¬ 
vey,  15,  16. 

Hiring  of  animals  and  implements,  19,  35,  43, 

45,  59,  63. 

Howard  county,  52. 


Implements,  19,  21,  35,  45,  59,  63,  75. 
Improvement  of  roads,  application  for,  28. 
Injury  to  drains,  42,  44. 

Injury  to.  roads  or  bridges,  7,  25,  42,  45,  53, 
67. 

Inspection  of  roads,  20,  34,  55,  57,  60. 

J. 

Jurors,  duty  of,  14. 

Jury,  summoning  of,  14. 


K. 

Kent  county,  3,  54. 

L. 

Laborers,,  employment  of,  19,  34,  35,  38,  44, 
57,  59,  62,  63. 

Laborers,  summoning  of,  65. 

Labor-tax,  38,  65,  70,  74. 

Labor-tax,  commutation  of,  65. 

Lands  condemned,  50. 

Law,  scope  of,  17. 

Levy  (see  tax-levy),  38,  43,  70. 

License  to  haul  timber,  44. 

Location  of  road,  30,  68. 

31. 

Maintenance  of  road  by  contract,  53. 
Malfeasance  in  office,  36,  45,  46,  57,  64,  65, 
66,  71. 

Maps,  18. 

Mines,  private  road  to,  9. 

Misdemeanor,  15,  25,  36,  46,  71,  75. 

Moneys  collected  «by  county  collector,  49. 
Moneys,  expenditure  of,  58. 

Money  paid  to  towns,  38. 

Money,  permission  to  borrow,  29. 

Montgomery  county,  56. 

N. 

National  turnpike,  control  of,  51. 

Navigable  waters,  bridges  over,  5,  11. 

Neglect  of  duty,  27. 

New  roads,  43,  72,  76. 

Notice  of  alteration,  required,  4,  29,  73. 
Notice  of  application,  10. 

Notice  of  petition,  3. 

Notice  to  owner,  31. 

Notice  to  work  on  roads,  38. 

O. 

Oath  of  examiner,  7,  30,  46,  50,  52. 

Oath  required,  17. 

Objections,  40. 

Obstructions,  27,  33,  40,  42,  52,  55,  69. 

Opening  of  bridge,  5. 

Opening  of  roads,  3,  4,  25,  29,  30,  33,  37,  49, 
50. 

Oyster-shells,  purchase  of,  45. 

P. 

Passenger  Railway  Companies,  powers  and 
privileges  of,  12. 

Pecuniary  interest,  26. 

Petition  against  company,  14. 

Petition  for  bridges,  3. 

Petitioners  responsible,  6. 

Permanent  improvement,  57. 


INDEX  TO  LAWS 


79 


Plats  of  roads,  4,  5,  30,  49,  52,  54,  72. 

Plat  of  turnpike,  14. 

Plank  Road  Companies,  powers  and  privileges 
of,  12. 

Prince  George’s  county,  58. 

Private  contributions,  24. 

Private  road,  6,  7,  25,  56,  58. 

Private  roads  in  an  adjoining  county,  9. 
Private  rdad,  period  of,  9. 

Private  road  to  mill  or  railroad,  9. 

Private  roads  to  quarries  or  mines,  9. 

Proposal  opened,  4,  5,  21,  24. 

Proposals  required,  4. 

Protest  against  bridge,  5. 

Public  General  Laws,  3. 

Public  Local  Laws,  16. 

Public  roads,  classification  of,  18. 

Public  road,  establishing,  4,  28,  31,  58. 

Public  roads,  repairs  and  construction  of,  19. 
Public  roads,  supervision  of,  42. 

Public  wharf,  4,  29. 

a. 

Quarries,  private  road  to,  9. 

Queen  Anne’s  county,  3,  60. 

It. 

Railroad  crossings,  12,  26. 

Railway  on  private  road,  9,  10. 

Rates  of  toll,  warrant  for,  11. 

Receipts  and  expenditures,  account  of,  11. 
Records,  6,  18,  27,  54,  61. 

Records  as 'legal  evidence,  61. 

Record  of  appeal,  5. 

Repairs,  21,  43,  52,  53,  57-62. 

Repairs,  material  for,  45. 

Repair  of  bridges,  32. 

Repairs  of  turnpike  road,  14. 

Resurvey  of  roads,  39,  51,  69,  72. 

Right  of  appeal,  10,  22,  31,  40,  50,  56,  73. 
Right  of  condemnation,  10. 

Right-of-way,  6,  8,  10,  13,  29,  49. 

Road,  alteration  of,  3,  4,  25,  29,  30,  37,  49,  50. 
Road  commissioners,  17,  18,  19,  34,  36,  40,  41. 
Road  contractors,  22. 

Road,  control  of,  38,  67,  70. 

Road  districts,  18,  43,  54,  56,  59,  62,  70,  74. 
Road  improvement,  46. 

Road  improvements,  petition  for,  20. 

Roads,  injury  to,  39,  53,  54,  60,  67. 

Reads,  inspection  of,  34,  35. 

Road-machines,  etc.,  19,  21,  35,  45,  59,  63,  75. 
Roads,  obstruction  of,  27,  33,  40,  42,  52,  55, 
69. 

Roads,  repair  of,  21,  43,  52,  53,  57-62. 

Roads,  resurvey  of,  39,  51,  69,  72. 

Road  supervisors  (see  supervisors). 

Road  tax,  19,  35,  37,  45,  76. 

Road,  widening,  72,  76. 


Road,  width  of  public,  7,  8,  36,  58,  60,  63, 
67,  70,  72. 

Rules  and  regulations,  17. 

S. 

St.  Mary’s  county,  62. 

Sections  substituted  for  others,  50. 

Service,  persons  liable  to,  38. 

Sheriff,  compensation  of,  68. 

Sidewalks,  injury  to,  25,  26,  55. 

Snow,  removal  of,  50. 

Somerset  county,  64. 

Special  tax  levy,  33,  40,  41,  53. 

Special  tolls,  13. 

Specifications,  20. 

Stone,  purchase  of,  28,  33,  58. 

Superintendent  of  bridges,  32. 

Supervisors,  3,  26,  34,  41,  45,  51,  52,  55,  65. 
Supervisors,  accounts  of,  38,  57,  62,  63,  65, 
66,  76. 

Supervisor,  amount  of  road  allotted  to,  51. 
Supervisor’s  bond,  16,  17,  71,  76. 

Supervisors,  duties  of,  16,  27,  37,  43,  52,  57, 
58,  59,  62,  75,  76. 

Supervisor,  interference  with,  44,  59. 
Supervisors,  malfeasance  in  office  of,  45,  46, 
57,  64,  65,  66. 

Supervisors,  report  of,  53,  56,  59,  65. 
Supervisor,  refusal  to  serve  as,  52. 

Supervisor,  responsibility  of,  53. 

Supervisors,  salary  of,  12,  16,  35,  53,  57,  60, 

66. 

Survey,  20,  29,  43. 

Surveyor,  6,  10,  20,  41,  42,  46,  51,  64. 

T. 

Talbot  county,  5,  38,  67. 

Tax-levy,  5,  6,  28,  57,  60,  63,  66,  67. 

Tax  to  be  worked  out,  33. 

Teams,  etc.,  hire  of,  35,  43,  45,  59,  63. 

Tires,  39. 

Toll-bridges,  erection  of,  10. 

Tolls,  evasion  of,  15. 

Toll-gates,  12. 

Toll-gates,  establishment  of,  13. 

Toll-rates,  revision  of,  13. 

Trial  by  jury,  14. 

Turnpike  companies,  12,  13,  70. 

Turnpike  companies,  subscription  for  stock 
in,  39,  47,  48,  58. 

Turnpikes,  penalty  for  bad  condition  of,  14. 
Turnpike,  Plank  Road  and  Passenger  Railway 
Companies,  12. 

Turnpikes  through  towns,  13. 

U. 

U.  S.  Geological  Survey,  maps  of,  18. 


80 


INDEX  TO  LAWS 


V. 

Vacancies,  17,  57. 


W. 

Wages  for  laborers,  43,  69. 
Washington  county,  7,  68. 
Washington  road,  33. 
Water-rack  forbidden,  47. 


Wicomico  county,  38,  70. 

Widening  roads,  72,  76. 

Wide  tires,  39. 

W'idth  of  bridges,  76. 

Width  of  public  road,  7,  8,  36,  58,  60,  63, 
67,  70,  72. 

Width  of  stoned  way,  12. 

Worcester  county,  74. 

Work  out  tax,  33. 


m: 


